It is also important to take into account the provisions of Art. 39 of the Law of Ukraine “On mortgage” that the court may deny the claim of a mortgagee on the early transfer of the subject mortgage, unless the debtor or mortgagor admitted if it is different debtor violates the fundamental obligation, or mortgage agreement without prejudice to the mortgagee, or alter the scope of its rights. This provision Law is an estimate, in connection with this subject in detail and motivate the court must conclude, subject to the controversial situation, which they viewed at the contents of this assessment and the concept does not contradict his application of general content and purpose of law, which regulated the specific relationship. In this case, must be considered and proportionate to the cost of mortgage debt assets. Thus, the district court Turijsk Volyn region were denied the claim of ZAO CB “Privatbank” in Masuk AS, Masyuk DM of foreclosure of the mortgaged property – house and land and evict the defendants from the house.

Such a decision by the court reference to Part 3. 39 of the Law of Ukraine “On Mortgage” justified by the fact that apart from the defendants in the disputed house from his birth live and recorded two young children, arrears on credit agreement is not commensurate with the cost of mortgages subject (case 2-85). The Supreme Court of Ukraine supports this position and recommends that courts give motivation to all the arguments of the parties in the case, is a must fair trial (Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms).