Supreme Court finally confirms legality of withdrawal of Misto Bank from market

On July 28, 2025, the Supreme Court, having considered the cassation appeal of the National Bank, overturned the decisions of the previous instances and confirmed the legality of the decisions of the National Bank on classifying JSC Misto Bank as insolvent and on revoking the banking license and liquidating the bank.

This is stated in the NBU's message, Ukrainian News Agency reports.

The Supreme Court's ruling in the case is final and cannot be appealed.

As stated in the Supreme Court's ruling, the courts of previous instances incorrectly applied the provisions of the Law of Ukraine "On Banks and Banking Activities" and violated the provisions of Article 266-1 of the Code of Administrative Procedure of Ukraine, since they overestimated the professional judgments of the National Bank without proper grounds, did not take into account the exclusive nature of the powers of the National Bank to classify the bank as insolvent within the time limits established by law, and unreasonably gave preference to the plaintiff's arguments.

As Ukrainian News Agency earlier reported, on December 14, 2020, the board of the National Bank adopted a decision to classify JSC Misto Bank as insolvent due to a decrease in the value of capital adequacy ratios by 50% or more from the minimum established level due to the loss of one of its main assets - a soybean processing enterprise in the Kherson Region.

The shareholder, who collectively owns 97.18% of the shares of Misto Bank JSC, in March 2021 filed a lawsuit with the District Administrative Court of Kyiv to declare the decisions of the National Bank to withdraw the bank from the market unlawful and to annul them.

By the decision of the District Administrative Court of Kyiv dated January 17, 2022, which was left unchanged by the resolution of the Sixth Administrative Court of Appeal dated September 6, 2022, the lawsuit was granted.

On June 14, 2023, the Supreme Court overturned the decisions of the courts of previous instances and sent the case to the court of first instance for a new hearing.

By the decision of the Kyiv District Administrative Court of March 11, 2024, left unchanged by the resolution of the Sixth Administrative Court of Appeal of October 16, 2024, the claim was satisfied, but the National Bank finally proved in the Supreme Court the legality of the withdrawal of JSC Misto Bank from the market.