On February 28, 2023, the Supreme Court adopted a resolution that left unchanged the decisions of the courts of previous instances regarding the cancellation of the decision of the National Bank of Ukraine to impose a fine on JSC RwS Bank.
This is stated in the message of the NBU, Ukrainian News Agency reports.
The National Bank of Ukraine will take into account the above-mentioned resolution in its activities regarding relevant legal relations.
At the same time, a separate opinion of a judge of the Supreme Court is presented regarding this decision of the Supreme Court.
In it, the judge noted that the National Bank of Ukraine acted within its powers, applying the maximum amount of the fine to JSC RwS Bank, and the conclusions of the Supreme Court were not properly substantiated.
The judge believes that the Supreme Court, agreeing with the courts of the first and appellate instances on the need to recognize as illegal and annul the decision of the National Bank to impose a fine on the plaintiff, limited itself to establishing procedural violations committed by the National Bank when drawing up the disputed decision, and did not take into account the consequences and seriousness of the violation, committed by JSC RwS Bank, as well as the presence of the National Bank of discretionary powers regarding the application of a specific amount of a fine.
The Supreme Court also did not provide a legal assessment of the substance of the violations of legislation in the field of financial monitoring discovered by the National Bank.
As Ukrainian News Agency earlier reported, in March 2020, the banking regulator fined JSC RwS Bank in the amount of UAH 3,000,390.52 for violations in the field of financial monitoring.
In August 2018, individual Oleksandr Stetsiuk bought 100% of RwS Bank.
RwS Bank was established in August 2015 on the basis of the insolvent Omega Bank and was bought in August by Ukrainian Business Group (UBG, Kyiv).
UBG was previously controlled by Ruslan Demchak, which owned Erde Bank.
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