State-owned Oschadbank challenged in the Supreme court of Ukraine Highest specialized court of Ukraine (VSSU) for cancellation of bail of the former owner of Delta Bank Nikolay Laguna on 4,2 billion UAH. About it reports a press-service of the savings Bank.
“The decision of the Higher specialized court of Ukraine on satisfaction of the appeal of Nicholas Laguna is not final. Oschadbank is preparing a statement in the Supreme Court of Ukraine about the cancellation of this clearly illegal Supreme court decisions and leaving in force the decision of the Pechersk district court of Kyiv and Appeal court of Kiev”, – says the message.
The courts of first and appeal instances considered unfounded the arguments of Nicholas Laguna regarding the fact that the guarantor is not a financial institution and does not have a license because at the conclusion of surety agreements, where one party as a guarantor is an individual, such a license is not needed.
However, VSSU in violation of applicable law invalidity of transactions and in spite of the current judicial practice has taken the decision on recognition invalid contracts of guarantee, notes Oschadbank.
“We reiterate the legal position of the Bank – monetary obligation may be secured by a guarantee, and the current legislation of Ukraine does not contain any prohibitions in the use of bail as a way of securing the obligations under the Bank account agreement. This is confirmed by the decisions of courts of previous instances”, – reports a press-service.