Kolomoisky failed to terminate surety agreements on PrivatBank loans in court
17 May 2024 11:28
The Kyiv Court of Appeal has closed the proceedings in the case of Ihor Kolomoisky’s claim against the NBU and PrivatBank to terminate his personal guarantee agreements for PrivatBank loans. This was reported by the National Bank, "Komersant Ukrainian" reports
The Kyiv Court of Appeal overturned the decision of the court of first instance and closed the proceedings in the case of the claim of PrivatBank ex-executive Ihor Kolomoisky against the National Bank of Ukraine and PrivatBank to terminate his personal guarantee agreements on refinancing loans raised by PrivatBank before the state entered the bank’s capital.
“The court upheld the legal position of the National Bank, which was, in particular, that the mere fact of changing the owner of PrivatBank’s corporate rights as a result of nationalisation did not lead to a change in the rights and obligations of the parties under the agreements.”
– commented Viktor Hryhorchuk, Head of the Claims and Litigation Department of the NBU’s Legal Department.
It is noted that in 2017, Ihor Kolomoisky filed a lawsuit with the Pechersk District Court of Kyiv to terminate the personal guarantee agreements under which he guaranteed the repayment of refinancing loans received by PrivatBank.
On 20 April 2019, the Pecherskyi District Court of Kyiv granted his claim.
Disagreeing with the ruling, the NBU appealed the decision to the court of appeal, which upheld the NBU’s legal position.
The NBU reminded that during 2008-2014, the National Bank provided refinancing loans totalling UAH 18.3 billion to PrivatBank. In 2015, Ihor Kolomoisky, who was a co-owner of PrivatBank at the time, entered into surety agreements with the NBU to secure the repayment of these loans. In effect, he assumed personal liability for the repayment of the bank’s debt to the NBU, but did not fulfil any of these obligations.
In April 2020, the state-owned PrivatBank fully repaid the refinancing to the National Bank.
What Kolomoisky is accused of in Ukraine
Ihor Kolomoisky is currently in a Ukrainian pre-trial detention centre. Ukrainian law enforcement officers have served him with three notices of suspicion under several articles and cases.
on 2 September 2023, the SBU notified Kolomoisky of suspicion under two articles: fraud and legalisation (laundering) of the proceeds of crime. According to law enforcement officials, between 2013 and 2020, Kolomoisky legalised more than half a billion hryvnias by transferring them abroad and using the infrastructure of controlled banking institutions.
on 7 September, NABU detectives served another suspicion on Kolomoisky and five members of the group he organised – of misappropriating PrivatBank’s funds worth over UAH 9.2 billion.
on 15 September, the SBU served Kolomoisky with a third suspicion – of illegal actions with bank documents, seizure of property by an organised group through abuse of office, and money laundering. According to the investigation, between 2013 and 2014, Kolomoisky illegally seized UAH 5.8 billion through a criminal group consisting of employees of his PrivatBank.
on 3 September 2023, the court for the first time imposed a pre-trial restraint on Kolomoisky: detention with an alternative to bail in excess of UAH 509 million. However, already on 15 September, after a new suspicion was announced, the court re-selected the measure of restraint and increased Kolomoisky’s bail to UAH 3 billion 891 million.
After that, the court extended Kolomoisky’s detention four times, while reducing his bail twice – on 28 November to UAH 3 billion and on 21 December to UAH 2.7 billion.
on 28 February, Kyiv’s Shevchenkivskyi District Court extended Ihor Kolomoiskyi’s detention for another two months – until 25 April – and reduced his bail to UAH 2.4 billion.
It should be noted that on 8 May, Kolomoisky was served with a notice of suspicion of ordering the murder of a law firm director for personal revenge.
At the same time, back in 2005, a criminal case was already initiated against Kolomoisky in this regard, which was later closed. Back in 2015, former MP and current advisor to the head of the OP Serhiy Leshchenko wrote in his blog about why the case was closed and what it had to do with former Prosecutor General Sviatoslav Piskun and oligarch Viktor Pinchuk.
