National Bank officials who decided to illegally liquidate Concord should be held accountable - lawyer

Officials of the National Bank of Ukraine who decided to illegally liquidate Concord bank should be held responsible for this. This opinion was expressed in an exclusive comment to UNN by lawyer Sergey Lysenko.

Details

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 persons who made the relevant decision should be responsible for the illegal liquidation of the bank,

At the same time, according to him, in order for this to become possible, at least two conditions are needed. First, it is necessary that the court's decision enters into legal force. This is possible after consideration of the appeal. It is better, according to Lysenko, that there should also be a decision of the Cassation instance. They should also establish that the NBU's decision to liquidate is illegal and was made with violations.

The second language, according to Lysenko, should be the identification of those responsible for making this illegal decision, and this, according to him, is not only the manager who signed such a decision.

"And there are also two ways to establish the second point (of the perpetrators – Ed.) :

1.internal audit within the NBU on the fact of illegal liquidation of the bank.

2.the investigation in criminal proceedings on the same fact has been completed," Lysenko added.

Add

Equity law firm advisor Dmytro Tilipsky believesthat due to the lack of proper judicial control over the National Bank of Ukraine and the deposit guarantee fund , they violate the rights of bank owners, 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, Ukraine has not settled the issue of conducting the liquidation of a profitable bank. 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.