ARMA loses Supreme Court case and loses access to its accounts again - lawyer
Kyiv • UNN
For over a year, ARMA has not returned EUR 455.5 thousand to BNK-Ukraine LLC, which is being liquidated, despite four court decisions. The Supreme Court recognizes the abuse of power by ARMA, and the agency's accounts are frozen again.
Despite four court rulings, the Asset Recovery and Management Agency has not returned 455,500 euros (almost 22 million hryvnias) to BNK-Ukraine LLC, which is in the process of bankruptcy and liquidation, for more than a year. Now ARMA's accounts have been frozen again, after a similar blocking had already taken place in May and August of this year. This was reported by lawyer Andriy Potemkin in an exclusive comment to UNN .
Yesterday, on September 19, 2024, the Supreme Court put an end to the legal confrontation between ARMA and the liquidator of BNK-Ukraine LLC. Thus, the court recognized that the agency abuses its power, fails to comply with the requirements of its own Special Law and illegally retains EUR 455.5 thousand, not allowing the liquidator to transfer it to Ukrainian creditors. The court canceled the seizure of these funds a year ago
As stated in rulings of the Commercial Court of Lviv Region, the court seized the accounts of the sanctioned BNK-Ukraine LLC, founded by a company from Belarus, as part of the criminal proceedings. After that, 455.5 thousand euros were transferred to the management of the ARMA. The agency placed them on its deposit account. In 2023 the Podilskyi District Court of Kyiv and the Halytskyi District Court of Lviv canceled the seizure of these funds.
Then the liquidator of the sanctioned company repeatedly appealed to ARMA to return the funds with interest accrued on them. However, the head of the agency, Olena Duma, refused to do so, forcing the liquidator to file lawsuits in court. ARMA lost in the courts of first and appellate instance and appealed to the Supreme Court.
After the court decision came into force, the liquidator received two court orders, pursuant to which the State Treasury Service froze ARMA's accounts.
According to Potemkin, the Supreme Court ordered ARMA to return a total of 455,500 euros and 215,400 hryvnias in court costs that the liquidator paid in the first instance, or almost 22 million hryvnias. In addition, the agency paid a court fee of UAH 642.9 thousand for filing appeals and cassation appeals.
ARMA's treasury account has been arrested again. Now, the facts of abuse of power and procedural rights by the agency and deliberate failure of its employees to comply with legitimate court decisions that have entered into force should no longer be in doubt
