Bankruptcy of “Mikhailovsky”: the court did not satisfy the claim of the FGVFL against Polishchuk for 743 million
01/19/2023 The Economic Court of Kyiv refused to satisfy the claim of the DGF against the ex-owner of Mikhailovsky Bank Viktor Polishchuk and ex-acting. head of the board of the financial institution Denis Panfilov on the recovery of UAH 742.55 million (case No. 910/11028/20), reports Finbalance.
According to court materials, the Guarantee Fund motivated its claim by the fact that the decisions of the defendants “nwere conscientious and conscientious, dispassionate, since the latter, abusing their own discretion, made unlawful and unreasonable decisions to conclude transactions with related companies aimed at withdrawing assets from the bank, and contrary to the interests of the bank and its creditors, which resulted in the insolvency of the bank and the impossibility of carrying out settlements with creditors of this bank. “As a result of this, it is the defendants who bear full and joint liability for the unprofitable activities of the enterprise, which is the basis for recovering from the latter a single indivisible damage in the amount of UAH 742,551,210.41”– the position of the FGVFL is described in the court materials.
The DGF claims against Polishchuk and Panfilov concerned the repurchase of assets (securities and the right to claim credit against legal entities) by Mikhailovsky Bank in May 2016 from LLC Investment and Settlement Center (for UAH 561.96 million) and from LLC Credit and Investment center” (for UAH 180.97 million).
The Guarantee Fund sees signs of nullity in these agreements, pointing out, in particular, the connectedness of its participants and the implementation of operations during the period of the regulator’s ban on the conclusion of such transactions.
However, the court held that “the factual data provided by the Fund is not enough to establish the fact of the unlawful behavior of the defendants and to prove the amount of damage caused to the bank” (quote).
Bankruptcy of Mikhailovsky. Context
As Finbalance wrote, on January 17, 2023, the Northern Economic Court of Appeal satisfied the appeal of the FGVFL and canceled the decision of the Kyiv Economic Court dated July 21, 2022 (in case No. other former officials of the financial institution (including Elena Popova, Vitaliy Masiura, Figlus Marcin and others) on the joint recovery of UAH 22.86 billion.
The Northern Economic Court of Appeal transferred this case to the Economic Court of Kiev for consideration.
On 10/16/2020, the Supreme Court refused to satisfy the cassation appeal of the Deposit Guarantee Fund and upheld the decision of the Kyiv City Economic Court dated 09/16/2019 and the decision of the Northern Economic Court of Appeal dated 11/27/2019 (in case No. 910/718 of top managers of the bankrupt Delta Bank and left without consideration of the claim of the DGF against them for damages in the amount of UAH 19.83 billion.
On 10/20/2022, the Supreme Court partially satisfied the cassation appeal of the Deposit Guarantee Fund and canceled the decision of the Northern Economic Court of Appeal dated 07/20/2022 and the decision of the Kyiv Economic Court dated 12/02/2021 (in case No. 910/3782 against former members of the Artem-Bank credit committee on joint collection of UAH 9.98 million.
On 07.09.2022, the Supreme Court partially satisfied the appeal of the FGVFL and canceled the decision of the Economic Court of the Dnipropetrovsk Region of 10.11.2021 and the decision of the Central Economic Court of Appeal of 06.06.2022 (in case No. 904/3867/2 (members of the board, credit committee, supervisory board) market “Melior Bank” for compensation for damages in the amount of UAH 213.85 million The court of cassation sent the case for consideration to the court of first instance.
08/03/2022 The Grand Chamber of the Supreme Court satisfied the application of one of the former top managers of the bankrupt bank “Ukoopsoyuz” to review the decision of the Grand Chamber of the Supreme Court dated 05/25/2021 due to newly discovered circumstances (in case No. 910/11027) to the ex-heads of the Ukoopsoyuz bank and it was decided jointly and severally to recover UAH 77 million from the defendants in favor of the Guarantee Fund. The Grand Chamber of the Supreme Court canceled its decision of 05/25/2021 and transferred this case for a new consideration to the Economic Court of Kyiv.
On 07/25/2022, the Supreme Court partially satisfied the cassation appeal of the FGVFL and canceled the decision of the Eastern Economic Court of Appeal dated 11/29/2021 and the decision of the Kharkiv Regional Economic Court dated 10/24/2019 (in case No. damage in the amount of UAH 563.2 million The Supreme Court referred the case for a new trial to the court of first instance.
On May 31, 2022, the Economic Court of Kyiv refused to satisfy the claim of the DGF against former officials of the Bank Forum (in case No. 910/635/20) for the recovery of UAH 1.02 billion.
02/08/2022 The Kyiv Court of Appeal satisfied the claim of the Guarantee Fund against the ex-head of the board of Energobank Alla Volskaya (in case No. 758/5941/20) and decided to recover from the defendant in favor of the plaintiff 15.75 million dollars.
On 10/07/2021, the Supreme Court decided to uphold the decision of the Economic Court of Kyiv dated 03/13/2019 (in case No. 910/12803/18), by which the Deposit Guarantee Fund was denied a claim against former officials of the Tavrika Bank for a joint and several UAH 68 billion the damage caused.
On 07/28/2021, the Supreme Court satisfied the cassation appeal of the DGF and annulled the decision of the Kyiv City Economic Court dated 09/14/2020 and the decision of the Northern Economic Court of Appeal dated 12/08/2020 (in case No. UAH Among the defendants in this case are Ekaterina Rozhkova, ex-acting head of the board of Platinum Bank, now the first deputy head of the NBU.
On 07/21/2021, the Supreme Court satisfied the cassation appeal of the FGVFL and overturned the decision of the Kyiv City Economic Court dated 09/24/2020 and the decision of the Northern Economic Court of Appeal dated 03/04/2021 (in case No. recovery of UAH 1.13 billion The court of cassation transferred this case for a new consideration to the court of first instance.
On September 14, 2021, the Supreme Court satisfied the cassation appeal of the Deposit Guarantee Fund and canceled the decision of the Economic Court of Kyiv of February 28, 2019 and the decision of the Northern Economic Court of Appeal of September 18, 2019 (in case No. 910/11371/18 of former Legbank officials on compensation for damages in the amount of UAH 412.2 million The Supreme Court decided to transfer the case for a new trial to the Kyiv City Economic Court.
04/08/2019, the Supreme Court in the framework of case No. 910/16336/18) returned to the DGF its claim against a part of the former shareholders and top managers of Nadra Bank for damages in the amount of UAH 10 billion.
On May 18, 2021, the Northern Economic Court of Appeal refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the decision of the Kyiv Economic Court dated February 1, 2021 (in case No. UAH 395 million, which, according to the DGF, was inflicted as a result of “improper fulfillment by the defendants of their labor obligations” – conducting “risky activities that are contrary to the interests of Trust Bank and its creditors” (quote).
On January 11, 2021, the Northern Economic Court of Appeal refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the ruling of the Kyiv Economic Court dated August 14, 2020 in case No. , was inflicted on Zakhidinkombank.
On 07.09.2022, the Supreme Court partially satisfied the appeal of the FGVFL and canceled the decision of the Economic Court of the Dnipropetrovsk Region of 10.11.2021 and the decision of the Central Economic Court of Appeal of 06.06.2022 (in case No. 904/3867/2 (members of the board, credit committee, supervisory board) market “Melior Bank” for compensation for damages in the amount of UAH 213.85 million The court of cassation sent the case for consideration to the court of first instance.
08/03/2022 The Grand Chamber of the Supreme Court satisfied the application of one of the former top managers of the bankrupt Ukoopsoyuz bank to review the decision of the Grand Chamber of the Supreme Court of 05/25/2021 due to newly discovered circumstances (in case No. and it was decided jointly and severally to collect UAH 77 million from the defendants in favor of the Guarantee Fund.The Grand Chamber of the Supreme Court canceled its decision of 05/25/2021 and transferred this case for a new consideration to the Economic Court of Kyiv.
On 07/25/2022, the Supreme Court partially satisfied the cassation appeal of the FGVFL and canceled the decision of the Eastern Economic Court of Appeal dated 11/29/2021 and the decision of the Kharkiv Regional Economic Court dated 10/24/2019 (in case No. damage in the amount of UAH 563.2 million The Supreme Court referred the case for a new trial to the court of first instance.
On May 31, 2022, the Economic Court of Kyiv refused to satisfy the claim of the DGF against former officials of the Bank Forum (in case No. 910/635/20) for the recovery of UAH 1.02 billion.
02/08/2022 The Kyiv Court of Appeal satisfied the claim of the Guarantee Fund against the ex-head of the board of Energobank Alla Volskaya (in case No. 758/5941/20) and decided to recover from the defendant in favor of the plaintiff 15.75 million dollars.
On 10/07/2021, the Supreme Court decided to uphold the decision of the Economic Court of Kyiv dated 03/13/2019 (in case No. 910/12803/18), by which the Deposit Guarantee Fund was denied a claim against former officials of the Tavrika Bank for a joint and several UAH 68 billion the damage caused.
On 07/28/2021, the Supreme Court satisfied the cassation appeal of the DGF and annulled the decision of the Kyiv City Economic Court dated 09/14/2020 and the decision of the Northern Economic Court of Appeal dated 12/08/2020 (in case No. UAH Among the defendants in this case are Ekaterina Rozhkova, ex-acting head of the board of Platinum Bank, now the first deputy head of the NBU.
On 07/21/2021, the Supreme Court satisfied the cassation appeal of the FGVFL and overturned the decision of the Kyiv City Economic Court dated 09/24/2020 and the decision of the Northern Economic Court of Appeal dated 03/04/2021 (in case No. recovery of UAH 1.13 billion The court of cassation transferred this case for a new consideration to the court of first instance.
On September 14, 2021, the Supreme Court satisfied the cassation appeal of the Deposit Guarantee Fund and canceled the decision of the Economic Court of Kyiv of February 28, 2019 and the decision of the Northern Economic Court of Appeal of September 18, 2019 (in case No. 910/11371/18 of former Legbank officials on compensation for damages in the amount of UAH 412.2 million The Supreme Court decided to transfer the case for a new trial to the Kyiv City Economic Court.
04/08/2019, the Supreme Court in the framework of case No. 910/16336/18) returned to the DGF its claim against a part of the former shareholders and top managers of Nadra Bank for damages in the amount of UAH 10 billion.
On May 18, 2021, the Northern Economic Court of Appeal refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the decision of the Kyiv Economic Court dated February 1, 2021 (in case No. UAH 395 million, which, according to the DGF, was inflicted as a result of “improper fulfillment by the defendants of their labor obligations” – conducting “risky activities that are contrary to the interests of Trust Bank and its creditors” (quote).
On January 11, 2021, the Northern Economic Court of Appeal refused to satisfy the appeal of the Deposit Guarantee Fund and upheld the ruling of the Kyiv Economic Court dated August 14, 2020 in case No. 903/515/20by which the claim was returned to the Fund2 with UAH 3 of damage, which, according to the DGF, was inflicted on Zakhidinkombank.
06/10/2020 The Northern Economic Court of Appeal refused to satisfy the appeal of the FGVFL and upheld the decision of the Economic Court of Kyiv dated 01/16/2020 (in case No. » on the recovery of UAH 764 million of damage, which, according to the DGF, was caused due to the lack of bank property to cover the claims of creditors and due to the unlawful actions of the defendants.
On 07/25/2019, the Supreme Court refused to satisfy the cassation appeal of the ex-head of the board and shareholder of the bank “Kyiv Rus” Viktor Bratko and upheld the decision of the Northern Economic Court of Appeal dated 02/21/2019, which transferred the case to the Economic Court of Kyiv for consideration No. 910/15469/18 (according to the claim of the Guarantee Fund against V. Bratko and other officials of the Kievan Rus Bank for the recovery of UAH 1.67 billion)
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