As evidenced from the outcome of the court hearings held in connection with claims brought by 20 customers against the National Bank of Ukraine, the courts’ rulings confirmed the legitimacy of the actions taken by the NBU in respect of failed banks that were placed into resolution.
In particular, over the period of 2014-2017, the NBU has won 46 court cases in which the claimants demanded that the court recognize as illegitimate omissions of the regulator with regard to the banks declared insolvent or placed into liquidation. Another 61 case is currently under litigation at courts.
Among the banking institutions whose customers brought claims against the NBU and questioned the legitimacy of the actions taken by the regulator were CB KHRESCHATYK PJSC, Delta Bank JSC (7 claims), Bank Finance and Credit PJSC (15 claims).
However, CB KHRESCHATYK PJSC Delta Bank JSC’s customers had their claims dismissed by the courts and lost most cases brought against the NBU. The courts of different instances issued seven rulings in respect of each of these banks, confirming the legitimacy of the actions taken by the NBU while performing banking supervision. These rulings have already entered into force.
The NBU has also won a number of court cases brought by the customers of CB Bank Nadra PJSC (six rulings in favor of the NBU), VAB Bank PJSC (five rulings in favor of the NBU), and CITY COMMERCE BANK PJSC (two rulings in favor of the NBU).
As a side note, the courts of different instances have recently confirmed the legitimacy of measures taken by the NBU in respect of CB Nadra PJSC and KSG Bank PJSC.
The NBU once again stresses the importance of implementing judicial reform as soon as possible that would prevent corruption and enhance the efficiency of the judicial reform and restore confidence of the public and business in judicial decisions.