Why the court reversed the nationalization of Private. The details of the solution

Почему суд отменил национализацию Привата. Детали решения

Hearing of appeal is scheduled for June 13

Still the motives of the court were kept secret: all court processes in the case of the nationalization of PrivatBank pass in the closed mode. Not published as the decisions themselves, and the arguments of the parties.

All the arguments of the NBU that in Private did have problems on more than 100 billion UAH, and the Bank threatened the financial stability of the state, the court has crossed out five arguments.

The conclusion of the national Bank about the lack of capital in Private was not confirmed by another examination, and the regulator itself unduly hurried nationalization, referred to in the reasoning part of the judgment.

It has the court agreed with two important positions of advocates Kolomoisky – first, to the former shareholders of Privat was under political pressure, because of which they were forced to write a letter to the Cabinet asking the government to take the Bank, and secondly, the nationalization at its core was the forfeiture of shares from a private party.

NBU strongly disagree with the arguments OASC available LIGA.net the position of lawyers of the regulator on each of the items. According to the source LIGA.net among the lawyers of the national Bank, the District administrative court took over the authority to interpret the rules of the banking system, including in its determined degree of credit risk in PrivatBank, although judges have no such expertise.

Now the parties prepare for the appeal. According to the lawyer of one of the parties, the appeal in the case on the legality of the nationalization of the Private session will be held June 13.

The parties failed to provide the court with additional evidence, so lawyers of the state will have to start from the existing base. Their evidence is contained in the 57 volumes of court materials.

Two key processes take place in the economic court of Kyiv: June 4, will continue the preparatory hearing in the case of return of shares of PrivatBank to the former shareholders – Igor Kolomoisky and company Triantal Investment (owned by Kolomoisky and Bogolyubov).

May 20, the court will consider five United Kolomoisky claims about recognition invalid contracts of guarantee for a number of credit agreements between his companies and PrivatBank. Identical to the case of the former the owner of the Bank has already won in the Pechersk district court.

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