11:24 03.09.2020

Court orders enforcing funds collection and/or PrivatBank's property freeze if bank refuses to pay Surkis brothers

2 min read
Court orders enforcing funds collection and/or PrivatBank's property freeze if bank refuses to pay Surkis brothers

The Pechersky District Court of Kyiv has ordered enforcing funds collection and/or freeze of property of the state-owned PrivatBank (Kyiv) if the bank refuses to pay the court-determined amount to the Surkis brothers' companies, according to the text of the court award posted by Justice Minister Denys Maliuska on Facebook on Thursday.

Law Adviser to PrivatBank Andriy Pozhydayev told Interfax-Ukraine that the total amount of the companies' claims is $347.334 million (including $102 million of interest accrued at 13% per annum).

Maliuska said that the recovery of several billions from the state-owned PrivatBank, which the court prescribed to secure the claim, not only goes beyond Article 150 of the Civil Procedure Code, but also makes it impossible to further enforce the court's decision.

"If funds are collected from PrivatBank, then the bank, if the claim is satisfied, will never be able to serve them as deposits. Let me remind you that the claims are stated not as a collection of funds, but as an obligation to service deposits," he said.

Maliuska believes that "practically all possible judicial manipulations" were involved in the process, including the involvement of a formal defendant of an individual to change the jurisdiction of the case, manipulation with the court fee, manipulation with the choice of the judge (identical applications were filed one after another until the system wrote the lawsuit for a certain judge), as well as manipulation with the method of securing, which was almost identical to the claims.

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