The Supreme administrative court refused to satisfy the cassation complaint of the National Bank of Ukraine, Deposit guarantee Fund of individuals ‘ deposits, PrivatBank and upheld the decision of the District administrative court of Kyiv on 20 March, and the decision of the Kyiv appeal administrative court dated 27 June under the claim of FC Dynamo Kiev. The decision the court made on 16 November, writes Finbalance.
The court found unlawful and quashed the decision of the Commission of the national Bank for determining the Bank’s related entities and verify operations of banks with such persons from 13 December 2016 No. 105 in the recognition, OOO FC Dynamo Kiev associated with PrivatBank face.
Recognized illegal and cancelled the order a temporary administrator PrivatBank from 20 December 2016 №22 “On the prohibition of debit transactions on accounts related party” in respect of LLC FC Dynamo Kyiv banning any debit transactions (cash and cashless) in PrivatBank, and block accounts LLC FC Dynamo Kyiv.
The court decided that the national Bank printout from the website of the TV channel TET in the ownership structure (where Igor Kolomoisky and Ihor Surkis, co – owner of FC Dynamo Kiev – were the beneficiaries of a channel) “is not a form of implementation of banking supervision”, and in the state register of legal entities Igor Surkis is not specified owner of one. He also, according to the documents, are not involved in the management bodies of the company Bolvik Ventures LTD, which appears in the structure of ownership of TET.
Also the Supreme administrative court disagreed with the NBU, especially relations between OOO FC Dynamo Kiev and PrivatBank (in particular, a small difference between lending and Deposit rates and lack of credit debt the football club to other banks, etc.) can serve as proof of their cohesion.
Previously, on 6 November, the Kyiv appeal administrative court has obliged “PrivatBank” return of the family of Surkis 1.05 billion UAH, $of 266.2 thousand or 7.8 million euros. The court recognized illegal and cancelled the decision of the Commission of NBU on the recognition of their associated with PrivatBank persons. To lock in the Higher administrative court the recovery of these funds of the NBU, PrivatBank and could not.
In may, the District administrative court of Kyiv satisfied the claim of the Accent-Bank (A-Bank), which is controlled by Surkis, and invalidated the decision of the NBU on the recognition And Bank associated with PrivatBank face. The court also invalidated the forced conversion of the guarantee Fund of funds And the Bank in the shares of “PrivatBank” during its nationalization and decided to collect from a Bank in favor of A Bank of about 369 million UAH.