News (#04 April 2016)

Cases

NBU found  complicit in bankruptcy of Ukrgasprombank

On 14 March the Kiev District Administrative Court found illegal an omission by the regulator towards Ukrgasprombank, which was declared insolvent in 2015 and is currently being liquidated.

The court found illegal the NBU’s omission regarding its failure to take necessary measures aimed at protecting the legitimate interests of depositors and creditors, as well as providing security for the safekeeping of funds on Ukrgasprombank’s accounts.  

A legal claim was filed by JSC Trading House Sanko, one of Ukrgasprombank’s depositors.

In April a temporary administrator was introduced to the bank, and in September the institution was placed into liquidation. On 16 October the JSC Trading House Sanko applied to DGF with the request to declare it a creditor. With no response of any kind received, the company went to court.

The court found out that between October 2014 and April 2015 the NBU didn’t take any necessary measure of influence to prevent a worsening in the financial standing of Ukrgasprombank. In its decision the court took the claimant’s side and satisfied its claims in full.

Oschadbank won  UAH 3 billion via court action against Mykola Lagun 

On 12 March the Pechersk District Court of Kiev satisfied the claim of Oschadbank for recovery of debt in the amount of UAH 3 billion against Mykola Lagun as the financial surety provider of Delta Bank. Oschadbank initiated proceedings for recovering the whole amount of debt of Delta Bank against Mr. Lagun as a financial surety provider and a final beneficial owner of the failed bank. In order to secure the claim on 2 February the court seized the property of Mykola Lagun, namely his motor boat, Porsche, Bentley and Mercedes-Benz cars, Shore Lander trailer. As soon as the court’s decision comes into legal force, Oschadbank is going to apply to the State Executive Service (Bailiffs) to get enforcement of the decision and recovery of the debt. The owner of Delta Bank counterclaimed against Oschadbank to invalidate the contract of suretyship, but he didn’t succeed. 

 

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