Surkis vs. PrivatBank: what the court ruled and what was the fate of $ 250 million – Money

The Metropolitan Court of Appeals compels PrivatBank to pay the Surkis family more than seven billion UAH ($ 250 million) and confirmed a decision passed in February by the Kiev Pechersk Court.

This is stated in history TSN.19: 30.

The case has been going on since 2016, when PrivatBank was nationalized and the National Bank of Ukraine recognized that Surkis is affiliated with the institution. The family has since challenged the decision in court and tried to unfreeze a quarter of a billion dollars, the funds that were in the deposit accounts of companies affiliated with brothers Igor and Grigory Surkis.

There are no official statements from NBU and PrivatBank regarding the court’s decision on the institutions’ websites.

The Ministry of Justice announced its position:

1. In February 2017, the court upheld the claim of foreign companies and issued a decree imposing the obligation of PJSC CB “PrivatBank” on proper compliance with the terms of the contracts. collection and is binding.

2. In April 2017, on the appeal of PJSC CB PrivatBank, the above decision was reviewed and confirmed by the Kiev Court of Appeal.

3. According to the PJSC CB PrivatBank statement released in 2019, the state sheriff appealed to the court to clarify the decree securing the claim. However, the request for clarification of the court’s decision and subsequent appeals did not change and could not change the decisions made in 2017. The law does not allow “clarification” to override a court decision made three years ago.

4. In accordance with the provisions of the Code of Civil Procedure of Ukraine, such decision of the court of appeal is not subject to appeal on appeal.

5. As for other actions of the Ministry of Justice, the Ministry of Justice, as a law enforcement agency, will not collect billions from PrivatBank now, because there was no court decision or any decision to withdraw this money from the bank . Such a turn of events will only be possible if the offshore companies file a lawsuit to recover money (in case the bank refuses to return them from deposits) and receive an enforceable judgment.

The Ministry of Justice stated that its task was to execute the judicial decisions. The Office does not affect the judicial system, which is independent and does not interfere with the dispute between two entities.

We will remember, on April 18, 2019, that the Kiev City District Administrative Court approved decision on the illegality of the nationalization of PrivatBank due to a violation of the procedure defined at the legislative level. To information immediately replied to the NBU and PrivatBank itself. The first declared that the decision of the administrative court will not affect the economic stability of the state, PrivatBank also assured that the work of the financial institution was not disturbed and it is still stable

In turn, the then President of Ukraine Petro Poroshenko convened a meeting of the National Security and Defense Council, where he instructed the Security Service and the Office of the Prosecutor General after completing all necessary judicial procedures. assess whether there are grounds for criminal proceedings against judges.

The courts in this case are still pending.

The decision on the nationalization of the bank by the state was made on December 18, 2016. The reason is the lack of capital of “PrivatBank”, which was revealed by the results of the stress tests. After that, former PrivatBank co-owner Igor Kolomoisky sued and explained it saying that The question of nationalization of a financial institution is of fundamental importance to him..