The Kyiv Commercial Court has ruled that PrivatBank will not be returned to its former owners after ex-owner Gennadiy Boholyubov
attempted to file a lawsuit. The court cited laws that make it impossible to cancel the state acquisition of the bank in 2016.
Commercial
Court of Kyiv confirmed the impossibility of returning the state-owned PrivatBank to its former
owners. The case was opened on the
the lawsuit filed by former bank shareholder Gennadiy Boholyubov. UNN with reference to the NBU press service.
By the decision of the
of the Kyiv Commercial Court of November 27, 2023, closed the proceedings
in the case of invalidation of the sale and purchase agreements of PrivatBank,
as a result of which the state acquired 100% of the bank's shares in December 2016,
and the obligation to return the bank's shares to the former shareholder
Details
The case was
was initiated by a lawsuit filed by former PrivatBank shareholder Gennadiy Boholyubov against
NBU, the Cabinet of Ministers, the Ministry of Finance, PrivatBank and the Deposit Guarantee Fund.
of individuals.
Bogolyubov tried to
to regain ownership of PrivatBank shares in court and to challenge the agreement
sale of shares of the insolvent bank, as a result of which the state acquired
ownership of 100% of PrivatBank's shares and spent more than
155 billion UAH.
According to
Viktor Hryhorchuk, Head of the Claims and Litigation Department of the NBU Legal Department, the court closed the proceedings.
Hryhorchuk, the court closed the proceedings based on the provisions of the Law of Ukraine
"On Amendments to Certain Legislative Acts of Ukraine on Improving
mechanisms for regulating banking activities" No. 590-IX.
this law, proceedings with such claims are subject to closure.
The Plaintiff
has formulated such claims, the satisfaction of which will result in the return of the
the bank's shares, but the law expressly prohibits this, as stated by the court
Grigorchuk
also reminded that according to Article 41 of the Law of Ukraine "On the System of
of Guaranteeing the Deposits of Individuals" after the conclusion of the
sale and purchase of shares of an insolvent bank and their transfer to an investor
the state as an investor may not be deprived of ownership of the shares it acquired
the bank's shares and such shares cannot be reclaimed in favor of the previous
owner.