To what extent the idea of ​​calculation has the right to life 3% annual and inflationary losses "in advance"?

I will explain the point in more detail.

As is known, Article. 625 The Civil Code of Ukraine provides, what debtor, who overdue the payment of a monetary obligation, is obliged to pay the amount of the debt at the request of the creditor, taking into account the established inflation index, as well as 3% per annum from the overdue amount (unless another amount of interest is established by contract or law).

In practice, it happens somewhere like this: a foreclosure action is filed 500 thousand hryvnias, 50 thousand hryvnias of inflationary losses and 5 thousand hryvnias as 3% yearly (all monetary amounts are approximate). As a rule, inflationary losses and 3% per annum the plaintiff calculates as of the date of filing the claim (or to her).

But the court can consider the claim for six months, a year... During this time, too, it would be possible to count 3% annual and inflationary losses, but it is possible to increase the price of the claim only during the preparatory meeting (or before the start of the first court session, if the case is considered in the order of simplified legal proceedings), and not during the trial. And an idea arose: and what, if inflationary losses and 3% annual to declare for collection in an increased amount - "in advance" for several months? For example, as of the date of filing the claim, real inflationary losses amount to 50 thousand hryvnias, A 3% annual - and 5 thousand hryvnias. However, the plaintiff in the lawsuit doubles their amount, and declares for collection 100 thousand hryvnias of inflationary losses and 10 thousand hryvnias 3% yearly. And then the plaintiff regularly submits an updated calculation of the amount of the claim to the court (for example, on the date of each meeting, or every month, after the publication of the inflation index by the State Statistics Service).

Disadvantages of the scheme:

1. You will have to pay a slightly larger court fee;
2. It is necessary to write the court separately, why the calculation is exactly like this;
3. There is a risk that the claim will not be fully satisfied, and partly, because if the court considers the case quickly, then at the time of the decision the amount of inflationary losses and 3% annual fees will not "reach" those declared by the plaintiff;
4. If the defendant is a natural person and does not have an electronic office in the Unified Judicial Information Telecommunication System, the settlement of the claim will have to be sent by mail to the defendant every month.

Advantages of the scheme:

1. The plaintiff may receive more, sometimes much more.

I personally think so, that the plaintiff is not deprived of the opportunity to file a claim for recovery 3% annual and inflationary losses "with a reserve for the future", as it does not contradict the requirements of procedural codes. Such an opportunity is indirectly provided to the plaintiff and in view of the provisions of ch. 10 Article. 256 Central Committee of Ukraine (h. 10 Article. 238 Code of Criminal Procedure of Ukraine), according to which court, making a decision on debt collection, on which interest or interest is accrued, may specify in the decision on the accrual of the relevant interest or penalty until the moment of execution of the decision, taking into account the prescriptions of the legislation of Ukraine, governing such accrual. Only in contrast to this norm, which is difficult to implement (it will not be easy to induce the executor to charge interest), option with declaration of inflationary losses and 3% yearly "in advance, with a margin" has the right to life. Because if the court can charge interest from the date of the decision, then the plaintiff has the right to charge such interest from the date of the decision (or close to this date).

21 July 2025 year