NBU is trying to collect a fine from Ukrgasbank for 7 million UAH using the Supreme Administrative Court

On March 13, the Supreme Administrative Court opened the proceedings on the appeal of the NBU against the decision of the District Administrative Court. Kiev on December 20, 2016 and the definition of the Kyiv Administrative Court of Appeal of 22.02.2017 in case No. 826 / 5950/16.

As ir is known, in this case the court of first instance granted the application of Ukrgasbank to the National Bank and annulled the decision of the National Bank Board No. 190 / BT dated March 24, 2016 to impose a fine on Ukrgasbank in the amount of ₴ 6,920,000.

In accordance with the documents, the NBU curator assigned to Ukrgasbank found that with the help of the cash desks of the branches of Ukrgasbank on 10.03.2016 a purchase of a cash foreign currency unit was realized  from individuals in significant amounts, in particular $ 3,270,000 .

As noted, “in order to clarify information about possible actions of JSB Ukrgasbank,
Performed in the evasion of the identification of buyers with whom transactions were made to purchase dollars in amounts in the hryvnia equivalent amounted to or exceeded ₴ 150,000 “, the curator made inquiries to Ukrgasbank to provide video recording of video surveillance cameras of the cashier’s workstation and the cash desk in 22 offices.

In turn, Ukrgazbank informed the curator of the National Bank of Ukraine that it is impossible to provide video materials from 12 branches for technical reasons (low technical condition of the equipment, impossibility in the majority of cases of remote access to video surveillance materials, significant delays in arranging access to archival materials).

Ukrgasbank informed the curator of the NBU, at the end of 2015 the bank’s security department raised the issue of upgrading the video surveillance system. The corresponding funds were included in the budget of the bank for 2016, on the Technological Committee (Minutes No. 2 dated February 23, 2016), a decision was made to equip cashiers’ offices and workplaces with a modern video surveillance system. “To date, the procurement procedure continues. The introduction of this system should begin in May and be completed before the end of this year at all branches of the bank, “it was said in last year’s court materials.

Due to the failure to submit part of the information requested by the curator of the National Bank of Ukraine and fined Ukrgasbank fine.

At the same time, the District Administrative Court. Kiev decided that “the appealed ruling on imposing a fine on the plaintiff was adopted in violation of the principles of impartiality (impartiality) of good faith; Prudence; Observance of the principle of equality before the law, prevention of unfair discrimination; Proportionality on the part of the subject of power. ”

“The court draws attention to the fact that in the impugned ruling and the memorandum on which it was adopted, the defendant did not submit any assessment to the plaintiff’s arguments, nor were they refuted during the examination of this administrative case.

Thus, according to the court, the plaintiff has proved that he took all measures that depend on him to prevent the economic violation and ensure the provision of information available to him in full, excludes the presence of signs of guilt in his actions and grounds for bringing the bank to justice for The commission of an offense, stipulated by paragraph 9.6 of Chapter 9 of Section II of the Regulations, in connection with which the NBU Resolution No. 190 / BT of March 24, 2016r. “The imposition of a fine on the Public Joint Stock Company” Ukrgasbank “is unlawful and is subject to cancellation, and the claim requirements – satisfaction,” – said in the decision of the District Administrative Court. Kiev from 12/20/2016.