By its Resolution № 5 dated 30.03.2012 "On the practice of applying the laws by courts in resolving disputes arising from loan relationships" (Resolution) the Plenum of the Supreme Court of Ukraine dedicated to the consideration of civil and criminal cases (VSSU) explained the procedure of applying the prohibition of the defendant's departure from Ukraine in the disputes arising from loan relationships.

According to the Resolution, an application for interim relief in disputes arising out of loan relationships, by prohibiting of the defendant's departure from Ukraine, cannot be satisfied.

VSSU motivates its explanation by the fact that a court should take only that measures to secure a claim, which are provided by the Civil Procedural Code (CPC). Prohibition of the defendant's departure from Ukraine also cannot be considered as the "other forms of security for the claim" (Article 152 CCP), because under the Constitution of Ukraine the freedom of movement, free choice of residence, the right to freely leave the territory of Ukraine may be restricted only by law.

The issue of the temporal restriction of the right to leave the territory of Ukraine should be solved during the execution of judicial decisions, for any claims arising from loan relationships, in the manner prescribed in Article 11 of the Law of Ukraine "On Enforcement Proceedings" and Article 377-1 of CPC, in particular, in case of proving the fact of deviation from the performance of the debtor's obligations.