The Supreme Court has requested a reconsideration of the lawsuit filed by FGFL against former debtors of Artem Bank.
On 20.10.2022, the Supreme Court partially upheld the appeal of the Deposit Guarantee Fund, overturning the decisions of the Northern Economic Court of Appeal dated 20.07.2022 and the Economic Court of Kiev dated 02.12.2021 regarding the joint recovery of 9.98 million UAH from former members of the Credit Committee of Artem Bank. The court sent the case back to the court of first instance. Finbalance reported this.
The Supreme Court has remanded the case to the original court.
Based on court documents, FGVFL mentioned that it discovered instances of decision-making by affiliated parties of Artem Bank during its liquidation, which subsequently led to unprofitable transactions with securities.
The Court of First Instance, with which the appeal court agreed, stated that “there was no evidence that the decision to purchase the securities had been taken in excess of their authority by members of the [bank’s] credit committee or for their own benefit” (citation).
The cassation court ruled that the conclusion of the courts of previous instances that there were legal grounds to dismiss the claim “was premature, because the courts had not examined all the circumstances of the case and had not assessed the evidence available in it” (citation).
Information regarding the situation involving Artem Bank.
According to Finbalance, on 07.09.2022 the Supreme Court partially upheld FGVFL's appeal, annulling the decisions of the Commercial Court of Dnipropetrovsk Region from 10.11.2021 and the Central Court of Appeal from 06.06.2022 in a case involving former officials (members of the board, credit committee, and the Supervisory Board) related to the withdrawal from the market of Melior Bank and damages of 213.85 million UAH. The cassation court sent the case back to the court of first instance.
The cassation court remanded the case to the original court.
On 03.08.2022, the Grand Chamber of the Supreme Court granted a petition from a former top manager of bankrupt bank Ukoopsoyuz to reconsider the Grand Chamber's decision on 25.05.2021 in the case against former managers of Ukoopsoyuz. The court decided to jointly recover 77 million UAH from the defendants to the Guarantee Fund. The Supreme Court annulled its decision of 25.05.2021 and referred the case for a new hearing to the Economic Court of Kyiv.
The Grand Chamber of the Supreme Court annulled its decision of 25.05.2021 and transferred the case for a new hearing to the Economic Court of Kyiv.
On 25.07.2022, the Supreme Court partly upheld FGVFL's appeal and overturned the decisions of the Eastern Appeal Court dated 29.11.2021 and the Kharkiv Regional Economic Court dated 24.10.2019 in a case involving the top management of Golden Gate bank regarding joint recovery of damages totaling 563.2 million UAH. The Supreme Court remanded the case to the original court for reconsideration.
On 31.05.2022, the Economic Court of Kiev rejected the claim of FGVFL against former officials of Bank Forum (case no. 910/635/20) for the recovery of UAH 1.02 billion.
On 08.02.2022, the Kiev Court of Appeal upheld the claim of the Guarantee Fund against the former chairwoman of the board of directors of Energobank, Alla Volska (case # 758/5941/20), and decided to collect 15.75 million USD from the defendant in favor of the plaintiff.
On 07.10.2021, the Supreme Court upheld the decision of the Commercial Court of Kyiv dated 13.03.2019 (case No. 910/12803/18), which dismissed the Deposit Guarantee Fund's claim against the former officials of Tavrika Bank for the joint recovery of 68 billion UAH in damages.
On 28.07.2021, the highest court supported the appeal of the Deposit Guarantee Fund and overturned the decisions of the Commercial Court of Kyiv dated 14.09.2020 and the Northern Court of Appeal dated 08.12.2020 (regarding case No 910/12955/2 and the Supervisory Board of Platinum Bank for the joint recovery of UAH 1.48 billion. The defendants in this case include Kateryna Rozhkova, who previously served as Acting Head of the Management Board of Platinum Bank and now works as the NBU's First Deputy Head.
On 21.07.2021, the Supreme Court accepted the appeal of FGVFL and voided the decision of the Commercial Court of Kyiv dated 24.09.2020 and the decision of the Northern Commercial Court of Appeal dated 04.03.2021 (regarding case No 910/12930/18 of the Management Board, Supervisory Board and Credit Committee of Daniel Bank about the recovery of UAH 1.13 billion). The Court of Cassation transferred the case to the Court of First Instance.
On 14.09.2021, the highest court granted the appeal of the Deposit Guarantee Fund and annulled the decision of the Commercial Court of Kiev dated 28.02.2019 and the ruling of the Northern Economic Court of Appeal dated 18.09.2019 (regarding case No 910/11371/18 of former officials of Legbank on recovery of UAH 412.2 million in damages). The Supreme Court decided to refer the case to the Kyiv City Economic Court for a new hearing.
On 16.10.2020, the Supreme Court declined to accept the appeal of FGVFL and upheld the ruling of the Kyiv Economic Court dated 16.09.2019 and the ruling of the Northern Economic Court of Appeal dated 27.11.2019 (regarding case No 910/7186 of managers of bankrupt Delta Bank and left pending the claim of FGVFL against them for damages of UAH 19.83 billion. Defendants in the case include, among others, the former head of Delta Bank’s supervisory board and its former majority shareholder Nikolai Lagun.
25.07.2019 Supreme Court in case No. 916/2733/18) returned to Guarantee Fund its claim against former beneficiaries and top managers of Imeksbank for recovery of UAH 18.98 billion in damages (quote)
08.04.2019 Supreme Court in Case No. 910/16336/18) returned for FGVFL its claim against part of former shareholders and top managers of Nadra bank for damages of UAH 10 billion
18.05.2021 The Northern Appellate Economic Court refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the decision of the Economic Court of Kiev dated 01.02.2021 (on the case #910/9851/20), which rejected the Fund’s claim for damages amounting to UAH 395 million, which, according to the assessment of FGVFL was caused by improper performance by the defendants of their employment obligations, by conducting risky activity contrary to the interests of Trust Bank and its creditors (citation).
On 11.01.2021, the Northern Court of Appeal refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the decision of the Commercial Court of Kyiv dated 14.08.2020 in case No. 903/515/20, according to which the Fund's claim of 3 UAH of damage, which, according to FGVFL, was caused to “Zakhidinkombank” was returned.
10.06.2020 The Northern Court of Appeal refused to satisfy the appeal of FHVFL and upheld the decision of the Kyiv City Economic Court of 16.01.2020 (on case No. 910/15260/18), which dismissed the Fund’s claim for the recovery of UAH 764 million of damage, which, according to FHVFL, was caused by a lack of bank property to cover claims of creditors and by misconduct of defendants.
On 25.07.2019, the Supreme Court refused to satisfy the cassation appeal of Viktor Bratko, former head of the board and shareholder of Kyivska Rus Bank, and upheld the ruling of the Northern Economic Court of Appeal of 21.02.2019, which referred Case No. 4 18 (on the claim of the Guarantee Fund against V. Bratko and other officials of Kyivska Rus Bank for recovery of UAH 1.67 billion) to the Kyiv Administrative Court.
FGVFL settled with depositors of liquidated Artem Bank
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