Supreme Court sends for reconsideration FGFL lawsuit against ex-debtors of Artem Bank
20.10.2022 Supreme Court upheld in part the appeal of the Deposit Guarantee Fund and abolished the decision of the Northern Economic Court of Appeal of 20.07.2022 and the decision of the Economic Court of Kiev on 02.12.2021 (on case number 910/3782 to former members of the Credit Committee “Artem Bank” about the joint recovery of 9.98 million UAH, Finbalance wrote.
The Supreme Court sent the case back to the court of first instance.
According to the court materials, the FGVFL noted that during the liquidation of Artem Bank, it discovered the facts of decision-making by related parties of the bank, on the basis of which subsequently carried out a number of transactions with securities knowingly unprofitable.
The Court of First Instance, with which the appeal court agreed, stated that “there was no evidence that the decision to purchase the securities had been taken in excess of their authority by members of the [bank’s] credit committee or for their own benefit” (citation).
The cassation court ruled that the conclusion of the courts of previous instances that there were legal grounds to dismiss the claim “was premature, because the courts had not examined all the circumstances of the case and had not assessed the evidence available in it” (citation).
Context on the situation around Artem Bank
As Finbalance wrote, 07.09.2022 the Supreme Court partially upheld the appeal of FGVFL and abolished the decision of the Commercial Court of Dnipropetrovsk Region from 10.11.2021 and the decision of the Central Court of Appeal from 06.06.2022 (on case # 704 / claim to former officials (members of the board, credit committee, the Supervisory Board) to withdraw from the market “Melior Bank” for damages of 213.85 million UAH.
The court of cassation sent the case back to the court of first instance.
On 03.08.2022 the Grand Chamber of the Supreme Court sustained a petition of one of the former top managers of the bankrupt bank “Ukoopsoyuz” about the revision on the newly discovered circumstances of the Grand Chamber decision of the Supreme Court on 25.05.2021 (in the case ¹ 910/11027 to the former managers of the bank “Ukoopsoyuz” and decided to jointly recover from the defendants 77 million UAH to the Guarantee Fund.
The Grand Chamber of the Supreme Court abolished its decision of 25.05.2021 and transferred the case for a new hearing to the Economic Court of Kyiv.
On 25.07.2022 the Supreme Court partly upheld the appeal of FGVFL and reversed the decision of the Eastern Appeal Court dated 29.11.2021 and the decision of the Kharkiv Regional Economic Court dated 24.10.2019 (on case No 922/2860/1 of the top-management of the bank “Golden Gate” about joint recovery of damages in the amount of 563,2 mln UAH). The Supreme Court referred the case to the court of first instance for reconsideration.
31.05.2022 The Economic Court of Kiev refused to satisfy the claim of the FGVFL to former officials of the Bank Forum (case no. 910/635/20) for recovery of UAH 1.02 billion.
08.02.2022 The Kiev Court of Appeal upheld the claim of the Guarantee Fund against the former chairwoman of the board of directors of Energobank Alla Volska (case # 758/5941/20) and decided to exact from the defendant 15.75 mln USD in favour of the plaintiff.
07.10.2021 The Supreme Court decided to uphold the decision of the Commercial Court of Kyiv of 13.03.2019 (in case No. 910/12803/18), which denied the Deposit Guarantee Fund’s claim against the former officials of Tavrika Bank for jointly 68 billion UAH in damages.
On 28.07.2021 the Supreme Court upheld the appeal of the Deposit Guarantee Fund and set aside the ruling of the Commercial Court of Kyiv of 14.09.2020 and the ruling of the Northern Court of Appeal of 08.12.2020 (on case No 910/12955/2 and the Supervisory Board of Platinum Bank on the joint recovery of UAH 1.48 billion. Among the defendants in this case are Kateryna Rozhkova, former Acting Head of the Management Board of Platinum Bank, now First Deputy Head of the NBU.
On 21.07.2021, the Supreme Court accepted the appeal of FGVFL and annulled the decision of the Commercial Court of Kyiv dated 24.09.2020 and the decision of the Northern Commercial Court of Appeal dated 04.03.2021 (on case No 910/12930/18 of the Management Board, Supervisory Board and Credit Committee of Daniel Bank about recovery of UAH 1.13 billion). The Court of Cassation transferred the case to the Court of First Instance.
On 14.09.2021 the Supreme Court satisfied the appeal of the Deposit Guarantee Fund and cancelled the decision of the Commercial Court of Kiev dated 28.02.2019 and the ruling of the Northern Economic Court of Appeal dated 18.09.2019 (on case No 910/11371/18 of former officials of Legbank on recovery of UAH 412.2 million in damages). The Supreme Court decided to refer the case to the Kyiv City Economic Court for a new hearing.
On 16.10.2020, the Supreme Court refused to satisfy the appeal of FGVFL and upheld the ruling of the Kyiv Economic Court of 16.09.2019 and the ruling of the Northern Economic Court of Appeal of 27.11.2019 (on case No 910/7186 of managers of bankrupt Delta Bank and left pending the claim of FGVFL against them for damages of UAH 19.83 billion. Defendants in the case include, among others, the former head of Delta Bank’s supervisory board and its former majority shareholder Nikolai Lagun.
25.07.2019 Supreme Court in case No. 916/2733/18) returned to Guarantee Fund its claim against former beneficiaries and top managers of Imeksbank for recovery of UAH 18.98 billion in damages (quote)
08.04.2019 Supreme Court in Case No. 910/16336/18) returned for FGVFL its claim against part of former shareholders and top managers of Nadra bank for damages of UAH 10 billion
18.05.2021 The Northern Appellate Economic Court refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the decision of the Economic Court of Kiev dated 01.02.2021 (on the case #910/9851/20), which rejected the Fund’s claim “for damages amounting to UAH 395 mln., which according to the assessment of FGVFL was caused by “improper performance by the defendants of their employment obligations” – by conducting “risky activity contrary to the interests of Trust Bank and its creditors” (citation).
On 11.01.2021 the Northern Court of Appeal refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the decision of the Commercial Court of Kyiv dated 14.08.2020 in case No. 903/515/20, according to which the Fund was returned a claim2 with 3 UAH of damage, which, according to FGVFL, was caused to “Zakhidinkombank”.
10.06.2020 The Northern Court of Appeal refused to satisfy the appeal of FHVFL and upheld the decision of the Kyiv City Economic Court of 16.01.2020 (on case No. 910/15260/18), which dismissed the Fund’s claim for recovery of UAH 764 million of damage, which, according to FHVFL, was caused by a lack of bank property to cover claims of creditors and by misconduct of defendants.
On 25.07.2019, the Supreme Court refused to satisfy the cassation appeal of Viktor Bratko, former head of the board and shareholder of Kyivska Rus Bank, and upheld the ruling of the Northern Economic Court of Appeal of 21.02.2019, which referred Case No. 4 18 (on the claim of the Guarantee Fund against V. Bratko and other officials of Kyivska Rus Bank for recovery of UAH 1.67 billion) to the Kyiv Administrative Court.
FGVFL settled with depositors of liquidated Artem Bank
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