35 of the Law of Ukraine “On mortgage”. It is also important to take into account the provisions of Art. 39 of the Law of Ukraine “On mortgage” that the court may deny the claim mortgagee on the early transfer of the subject Law is an estimate, in this regard subject to detailed motivation and the court must conclude, subject to the controversial situation, which they viewed at the contents of this assessment and the concept does not contradict its application of general content and purpose of law that addresses the specific relationship. In this case must be considered and proportionate to the value of mortgage debt assets. Thus, the district court Turiysky Volyn region were denied the claim of zao cb “Privatbank” in Masuk as, Masyuk dm of foreclosure on the mortgage – house and land and evict the defendants from this house. Such a decision by the court reference to Part 3. 39 of the Law of Ukraine “On mortgage” to substantiate the fact that besides the defendants in the disputed house from his birth live and recorded two young children, arrears on credit agreement is not commensurate with the value of the mortgaged property (case 2-85). Ukraine’s Supreme Court supports this position and recommends that the courts give motivation to all the arguments of the parties in the case, is an indispensable element fair trial (Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms)..