Key legal trends in the exercise of the mortgagee’s right to judicial protection under martial law

The article is devoted to the study of the specific features of exercising the mortgagee’s right to judicial protection under martial law in Ukraine. The author analyzes the legal restrictions associated with the moratorium on foreclosure on mortgaged property securing consumer loans. It is concluded that the restrictions established by the Law of Ukraine of March 15, 2022, No. 2120- IX «On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine Regarding the Effect of Norms during the Period of Martial Law» apply in cases where the following criteria are met: the status of the mortgagor (the mortgaged real estate belongs to a natural person); the nature of the credit obligation (the mortgaged property secures a consumer loan); and specific temporal characteristics. The article emphasizes the substantive content of the legal category “consumer loan” and the importance of its clear definition to ensure the rights and interests of the mortgagee. It is established that an incorrect qualification of a loan as a consumer loan leads to a violation of the mortgagee’s rights in cases where the law does not restrict the right to initiate judicial foreclosure and to enforce the court decision during martial law. The article explores the case law of the Supreme Court related to temporary limitations on the legal status of mortgagees and identifies key legal trends in the application of such norms. It is noted that the institution of debt restructuring, on the one hand, enables the mortgagor to properly fulfill the primary credit obligation and, on the other hand, protects the mortgagee from potential abuses and violations of their legal rights and interests. Special attention is paid to ensuring a balance of interests between the mortgagee and the mortgagor, which is a crucial element in the functioning of mortgage legal relations. It is determined that mortgagees, as representatives of the economic aspect of mortgage relations, also have the right to protect their violated rights and interests, particularly in connection with the restrictions introduced under martial law.