Kyiv administrative court of appeal on 10 August confirmed the validity and adequacy of the actions of the National Bank of Ukraine (NBU) in the attribution of Nadra Bank to category insolvent. This NBU reported on its official website.
As follows from the materials of the case, between the individual and the Bank Nadra in 2012, it signed a number of term Deposit accounts totaling approximately $85 thousand.
Upon expiration of the terms specified in the contracts, the plaintiff applied to the Bank, but that its obligations under the contracts are not fulfilled.
Next, the plaintiff appealed to the Kiev District administrative court about recognition illegal actions and inactivity of NBU, its officers and penalty from the regulator-pecuniary damage. The plaintiff believed that the inaction of the National Bank and his illegal actions have brought this and other banks to insolvency and then to elimination.
Instead, the court concluded that the decision on the recognition of the Bank’s troubled and insolvent was adopted by the National Bank reasonably, intelligently and in accordance with the principle of equality before the law.
The court found that the Bank’s activities did not meet the requirements of banking legislation, was a risk, creating a threat to investors and creditors of the Bank. In addition, contrary to the obligations of substantial shareholders to take timely measures to prevent the insolvency of the Bank, they did not take action.
The panel of judges came to the conclusion that the NBU has taken measures to prevent the classification of the Bank insolvent and to restore solvency.
Examining all the case materials, the panel of judges of appeal agreed with the conclusion of the judges of the first instance about refusal in satisfaction of an administrative claim.