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Court of Appeal Confirms Lawfulness of the NBU Deputy Governor Actions

Today, 15 May 2018, the Court of Appeal in Kyiv city ruled in favor of the National Bank of Ukraine (NBU) and cancelled the decision of the Darnytskyi District Court dated 26 December 2017 in the case of the MP Ihor Lutsenko prohibiting Kateryna Rozhkova to perform her functions as the NBU Deputy Governor and the member of the NBU Board (link to the Uniform State Register of Court Decisions http://www.reyestr.court.gov.ua/Review/72990426).

"We consider the ruling of the Court of Appeal in Kyiv city to be compliant with Ukrainian law. We note that the decision of the District Court hindered the NBU’s operations and posed a threat to ensuring stability of the domestic currency. Moreover, this created a dangerous precedent for operations of all state authorities in Ukraine. So we welcome the just ruling of the Court of Appeal in Kyiv city that as expected cancelled the decision of the Darnytskyi District Court," argued Viktor Hryhorchuk, Head of the Litigation Office of the Legal Department of the NBU.

Please be reminded, that on 25 April 2018, the NBU filed an appeal to the Court of Appeal in Kyiv city right after the media unexpectedly uncovered the temporary prohibition of the Darnytskyi District Court to Kateryna Rozhkova, the NBU Deputy Governor, to take part in the NBU Board meetings and to perform any other actions associated with her competencies until the decision in the case was made. The Court of Appeal in Kyiv city should have considered the NBU’s appeal on 10 May 2018, however, due to the alleged bomb threat in the court building the hearing was postponed till 15 May.

Furthermore, on 27 April 2018, the NBU addressed the Supreme Council of Justice and on 10 May this year filed a motion to the NABU to inspect the actions of the Darnytskyi District Court for suggested disciplinary offense and suggested violation respectively.

"The NBU unconditionally backs the rule of law and using all reasonable effort provides assistance to the judiciary and all law-enforcement agencies. But today we have to state that such actions associated with rulings of district courts are of common nature," noted Nataliia Bondarenko, Head of the Information and Public Communications Office of the NBU.

According to Bondarenko, court decisions are becoming an instrument of cohesion and pressure on the NBU’s operations.

"Such actions demonstrate weakness of the unreformed justice system, as well as risks to laws on administrative justice, when any person with unverified documents and the matter of the case can file a claim and have the claim satisfied thus putting a halt to operations of any state authority. Furthermore, groundless charges, preposterous and provocative assumption of individuals are unacceptable and mislead the Ukrainian public," argued Nataliia Bondarenko.

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