Pn(p) – the amount of the penalty.
The amount of arrears in alimony payments for the relevant payment period.
The number of days of delay in fulfilling The penalty p the obligation to pay alimony.
In order not to place an excessive burden on the alimony payer and to balance The penalty the rights of the collector and the debtor! the legislation defines an upper limit on the amount of the penalty (penalty) that can be collected.
Such a limit! in accordance with Part 1 of Article 196 of the Code of Civil Procedure of Ukraine! is 100% of the debt.
In the resolution of January 19
2022 in case No. 711/679/21! the Supreme Court noted that “when applying the wording “no more than 100 percent of the debt” in paragraph 1 of part 1 of Article 196 of the Civil Code of Ukraine! if the accrual of the penalty is paytm data limited The penalty (penalty) to the current debt (that is! the one that exists for all months as of the moment of filing the claim or at another time)! then when filing a claim for the period when there was a delay! and at the moment of filing the claim there is no current debt! then there will be no limit that the penalty should not exceed.
As a result! it is obvious that it is necessary to distinguish between the total current debt and the debt for alimony for a certain month. The panel of judges! taking into account the principle of reasonableness! believes that since the penalty is a variable amount! the basis for the calculation of which is precisely the debt for alimony for a certain month! the wording “no more than 100 percent of the debt” means that the amount of the penalty should not exceed the amount of the debt on which it is accrued.
If the plaintiff! taking into account the principle of dispositiveness
Filed a claim for the The penalty penalty of a penalty for several make sensory targets large enough ! then the amount of the penalty for these months should not exceed the total amount of the debt on which it is accrued.”
In addition! Article 196 of the Code of Criminal Procedure of Ukraine provides for another case when the amount of the penalty (penalty) should be limited: when a fine was imposed on the debtor within the framework of enforcement proceedings for late awb directory of alimony in accordance with the procedure provided for in Part 14 of Article 71 of the Law of Ukraine “On Enforcement Proceedings”.
