The decision of the Dnipropetrovsk District Administrative Court to declare illegal the decision of the board of the National Bank of Ukraine to revoke the license and liquidate Concord bank is the first step towards restoring the bank's rights. It creates grounds for opening criminal proceedings. This opinion was expressed in an exclusive comment UNN by the lawyer of the law office "Kasyanenko & Partners" Dmitry Kasyanenko
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Recently, the Dnipropetrovsk District Administrative Court declared illegal and overturned the decision of the National Bank of Ukraine to revoke the license and liquidate Concord bank. Thus, the bank's liquidation was declared illegal. The National Bank said that it plans to appeal this court decision.
"The decision of the Dnipropetrovsk District Administrative Court underlines the importance of legal protection of the bank and its shareholders. This court decision is the first step in restoring the rights of the bank and its shareholders.in addition, this verdict creates grounds for further investigation into possible illegal actions that led to this decision," Kasyanenko said.
According to him, although the cancellation of the liquidation decision is an important step, it does not immediately resume the bank's work. However, this issue of compensation for damages and determination of liability for illegal liquidation will be the subject of further consideration in the framework of the judicial process and a possible criminal investigation.
"Unfortunately, despite the recognition of the illegality of the National Bank's actions, there is a system of collective irresponsibility, which makes it difficult to bring relevant officials to justice. However, this creates an opportunity for further consideration of the case and a possible criminal investigation," Kasyanenko added.
In addition, according to him, the loss of business reputation of Concord shareholders is a serious consequence of the bank's illegal liquidation. The lawyer noted that compensation for damages and restoration of reputation can be considered as part of the judicial process, as well as through other legal mechanisms.
If the decision of the National Bank caused losses to the bank, liability can be applied at several levels, Kasyanenko explained. In particular, the bank, according to him, has the right to demand compensation for losses from the NBU if it is possible to prove that the regulator's decision was illegal and caused losses.
In addition, if there are suspicions of corruption, abuse of power or other violations in the decision-making process, responsible officials may be held administratively liable, which may include fines, dismissal from office or sanctions in accordance with the law.
If it turns out that the NBU's decision was made with the intention of causing damage to the bank or is the result of corruption or other criminal acts, according to the lawyer, criminal proceedings may be opened against the responsible persons.
Also, the internal rules and policies of the NBU may provide for disciplinary measures against employees who participated in making illegal decisions or abused their official position.
"It is important to note that in order to establish responsibility, it is necessary to conduct a thorough investigation, involving experts to assess the causes and scope of losses, as well as identify violations," Kasyanenko stressed.
At the same time, in his opinion, repeated cases of banks ' struggle with the NBU emphasize the need to review the legislation in order to avoid illegal liquidations in the future and ensure a fair process for all parties. This may include, in particular, a reform in the field of banking supervision and addressing issues of collective irresponsibility.
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Equity law firm advisor Dmytro Tilipsky believes that due to the lack of proper judicial control over the National Bank of Ukraine and the deposit guarantee fund, they violate the rights of the owners of banks, including the peaceful possession of their property. According to him, the only way to protect the rights of shareholders of the liquidated bank is to apply to the court for damages.
Recall
Despite the war in Ukraine, the process of withdrawing banks from the market has not stopped. So, since February 24, 2022, the liquidation process has been started for 8 banks. Last year, for the first time in Ukraine, not only bankrupt banks, but also profitable institutions were liquidated and revoked-We are talking about Concord bank. The process of revoking a banking institution's license takes place without a court order. Of course, the owners and shareholders of banks can appeal the decision of the regulator - the NBU, after it makes a decision to liquidate the bank, however, in general, the process of withdrawing a banking institution from the market, if it is launched, is irrevocable.
In addition, the issue of conducting liquidation of a profitable bank has not been resolved in Ukraine. As stated by co-owner of Concord bank Elena Sosedka, at the time of the regulator's announcement of the decision to liquidate the bank, there were enough highly liquid assets in the financial institution to make all the necessary payments in 2-3 weeks. But the bank's liquidation process is strictly regulated by law and can generally last up to three years.