Previously, the NBU, the Cabinet of Ministers, the Ministry of Finance, and the Deposit Guarantee Fund filed a motion to close the case against Igor Kolomoisky for recognition of the illegal nationalization of PrivatBank, writes borgexpert.
On June 1, 2022, the Supreme Court upheld the cassation appeals of PrivatBank, the Cabinet of Ministers, and the NBU (in case No. 826/7432/17) and overturned the ruling of the Sixth Administrative Court of Appeals of March 2, 2021, which suspended consideration of Kyiv's appellate decisions of April 18, 2019 (which upheld Ihor Kolomoisky's claim and declared the nationalization of PrivatBank illegal).
By its ruling of 02.03.2021, the appellate court suspended the consideration of the appeals of PrivatBank, the Cabinet of Ministers and the NBU against the decision of the court of first instance of 18.04.2019 "until the decision of the Constitutional Court of Ukraine on the case on the constitutional submission of 64 people's deputies of Ukraine on amendments to certain legislative acts of Ukraine on improving the mechanisms for regulating banking activities" of 13 May 2020 No. 590-IX and the Law as a whole, as well as the provisions of other legislative acts as amended by the Law" (quote from the ruling of the Sixth Administrative Court of Appeal of 02.03.2021).
The Supreme Court, evaluating the findings of the Sixth Administrative Court of Appeal, noted that “the court cannot refer to the objective impossibility of examining a case in a case where the collected evidence makes it possible to establish and evaluate the circumstances (facts) that are the subject of the trial” (quote).
“The appellate court in its contested ruling did not provide the reasons or list of circumstances on the basis of which it came to the conclusion that it was objectively impossible for the Constitutional Court of Ukraine to consider this case for consideration of the relevant constitutional motion.”
<…> The evidence available in the case materials is sufficient for a full, comprehensive, and objective assessment of the circumstances of the case that are the subject of the trial,” the Supreme Court’s ruling of June 1, 2022, states.
Previously, the NBU, the Cabinet of Ministers, the Ministry of Finance, and the Deposit Guarantee Fund filed a motion to close the case against Igor Kolomoisky, seeking to declare the nationalization of PrivatBank illegal.
Government agencies justified this petition by citing the fact that on May 23, 2020, the law on banks (informally known as the "anti-Kolomoisky" law) came into force, supplementing the Code of Administrative Procedure of Ukraine with Article 266-1, which regulates the specifics of proceedings in cases of appealing decisions of the NBU, the Federal State Unitary Enterprise, the National Securities and Stock Market Commission, and the Cabinet of Ministers on the withdrawal of banks from the market.
As government agencies noted, “since, according to Art. 266-1 of the Code of Administrative Procedure of Ukraine, recognition as unlawful (illegal) and cancellation of an individual act/decision specified in Part 1 of this Article, or of its individual provisions, does not restore the position of the bank that existed prior to the adoption of such act/decision, including the legal status of this bank, and does not restore the positions/rights of persons who were participants in the bank at the time of adoption of such act/decision and does not give rise to any rights of persons who were participants in the bank at the time of adoption of such individual act/decision, except for the right to compensation for damage caused, and cannot be the basis for recognizing as invalid, invalid, unlawful and cancellation of any decisions, transactions or other actions/recognition as unlawful of inaction adopted, committed or allowed in the procedure for removing an insolvent bank from the market/liquidation of a bank, then the claims filed by the plaintiff are sent to the Deposit Guarantee Fund of Individuals and the National Commission on Securities and Stock Market do not meet the standards of Parts 7-10 Article 266-1 of the Code of Administrative Procedure of Ukraine, and proceedings under this part are subject to closure."
Skelet.Org
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