On 14 June 2019, the National Bank of Ukraine (NBU) filed a petition to the Baryshivka District Court of Kyiv Oblast on removal of the interim measures banning Kateryna Rozhkova from participating in the meetings of the NBU Board as well as from performance of her official duties as the NBU First Deputy Governor, which were introduced by the court decision dated 11 June 2019.
The petition is based on the gross violation by the court of procedural and substantive law. The Baryshivka District Court of Kyiv Oblast must complete the consideration of the petition no later than in 5 days from the day when the court received the petition, namely, till 19 June 2019 inclusive (in line with the prescriptions of Article 158 part two of the Civil Procedural Code of Ukraine).
We would like to emphasize that the NBU has not yet received the decision of the Baryshivka District Court of Kyiv Oblast as prescribed by the current procedural law.
“The operative part of the decision of the Baryshivka District Court of Kyiv Oblast, which was received in a letter from an individual, stated that the court had banned Kateryna Rozhkova as an individual citizen from participating in work and meetings of the NBU Board as well as from any actions related to performance of the duties of the NBU First Deputy Governor. It should be noted that Kateryna Rozhkova participates in work and meetings of the NBU Board and performs the duties of the NBU First Deputy Governor solely as an NBU official and not as an individual citizen, which makes the compliance with the court’s injunction impossible even in theory,” said Viktor Hryhorchuk, the Head of the Litigation Office of the NBU Legal Department.
The NBU emphasizes that the decision of the Baryshivka District Court of Kyiv Oblast imposes no injunctions on the NBU First Deputy Governor Kateryna Rozhkova as an NBU official.
Please note that the difference in the legal status of individuals and officials was established by the District Administrative Court of Kyiv in its decision dated 5 February 2019 on Case No. 640/463/19 on the interim measures against the acting Minister of Healthcare Ulana Suprun, which states the following: “The other part of the interim measures, namely, imposing the injunction on the individual rather than the first deputy, shall not be satisfied, since it is aimed at an entity other than an authorized official, and thus, contradicts the principles of administrative proceedings.”
In view of the aforementioned, the interim measures banning Kateryna Rozhkova from taking actions pertaining to NBU activities as an individual citizen rather than an official are void.