On March 14, the Kyiv District Administrative Court found illegal the inactivity towards Ukrgasprombank, which was declared insolvent in 2015, and is currently being liquidated, FinClub reports.
The lawsuit was filed by one of the depositors of Ukrgasprombank – Trading House “Sanco”.
In August 2014 the company opened the current account at the bank, the expense transactions on which Ukrgasprombank did not conduct from February 9 to February 23, 2015. In April the temporary administration was introduced to the bank, and in September the institution was sent for liquidation. On October 16, the company “Trading house Sanco” applied to IDIF with the request to declare itself a lender. The company did not receive a response, that’s why it went to court.
“Sanko” asked the court to find illegal the inactivity of the NBU, which did not take decisive measures from November 2014 to April 2015 and did not apply measures of influence to Ukrgasprombank. NBU should do it on the basis of the conducted revision, the inspection report and CAMELS rating score. “Sanco” asked to find illegal the inactivity of the NBU on the protection of interests of depositors regarding the safeness of keeping money on bank accounts.
The court found out that from October 2014 to April 2015 NBU did not take any necessary measures of influence with the purpose of prevention of worsening of the financial standing of Ukrgasprombank (limitation of conducting transactions, ban on disbursement of unsecured loans, implementation of special control).
In response the National Bank stated that the application of measures of influence is its “right”, but not the “obligation”. The judge considered such argument unconvincing, because if the activities of Ukrgasprombank were restricted, the claimant would not have problems with returning money.
As a result the court took the side of the claimant and fully satisfied his claims: the inactivity of the National Bank from November 2014 to April 2015 regarding the failure to take measures of influence to Ukrgasprombank was found illegal.
On September 14, 2015, the National Bank took the decision to liquidate Ukrgasprombank.
