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Supreme Court confirms groundlessness of Zlatobank shareholder's claim to NBU for compensation

The Supreme Court confirmed the groundlessness of the claim of the shareholder of PJSC Zlatobank to the National Bank of Ukraine (NBU) for compensation.

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

The demands of the shareholder of PJSC Zlatobank - LLC Avangard-expo to collect property compensation from the National Bank of Ukraine are groundless.

On November 22, 2023, the Economic Court of Cassation as part of the Supreme Court rejected the cassation appeal of Avangard-expo LLC and left unchanged the ruling of the court of appeal and the decision of the court of first instance, which rejected the claim for recovery of damages from the National Bank in the amount of UAH 499,623,824.00 in favor of the shareholder of Zlatobank PJSC.

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The bank's shareholder was unable to substantiate the amount of damage claimed by him before recovery, nor to prove the very fact of its existence.

Therefore, the Supreme Court supported the legal position of the National Bank.

As Ukrainian News Agency earlier reported, on February 13, 2015, the board of the National Bank of Ukraine adopted resolution No. 105 "On classifying PJSC Zlatobank as insolvent."

The bank's shareholders managed to challenge the decision to declare the bank insolvent in court, which blocked the procedure for its liquidation.

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In July 2019, they renamed the bank to Zlato PJSC, changed the location of the legal entity and tried to start the bank bankruptcy procedure in accordance with the Bankruptcy Code, which does not regulate bank bankruptcy in any way.

The National Bank succeeded in canceling the initiation of the bankruptcy case of PJSC Zlatobank in court, which made it possible to return the bank's liquidation procedure to the legal field and continue its liquidation.

Avangard-expo LLC appealed to the court with a claim to the National Bank for compensation.

On January 17, 2023, the Economic Court of the city of Kyiv refused Avangard-expo LLC to satisfy the claim for recovery of damages from the National Bank in favor of the shareholder of Zlatobank PJSC.

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The legality of this decision was confirmed by the Court of Appeal and the Supreme Court.

The ruling of the Economic Court of Cassation is final and cannot be appealed.

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