WHEN INCLUDING A CLAIM IN THE REGISTER, IT IS NECESSARY TO CHECK THE PROPORTIONALITY OF THE PENALTY

The courts of three instances satisfied the application, based on the fact that part of the claim was confirmed by the decision of the court of general jurisdiction that entered into force and was not satisfied by the debtor. With respect to the remaining amount of the claim, the creditor has provided sufficient evidence of the debtor's outstanding obligations to repay the loan and accrued interest; the calculation of interest and penalties is correct, a counter-calculation is not provided.

The Supreme Court referred the debtor's complaint to the collegium, drawing attention to the argument that the court should have independently discussed the issue of the apparent disproportionality of the penalty to the consequences of the breach of obligation.