The Kyiv Pechersky District Court has resumed enforcement proceedings on the request of two companies of the Surkis brothers to recover the last $164.5 million from state-owned PrivatBank (Kyiv), the bank’s press service has told Interfax-Ukraine.
The report notes that judge Serhiy Vovk had the authority to consider the applications of Tamplemon Investments and Lumil Investments LLP to open enforcement proceedings to recover $7.1 million (of which $2.1 million is interest) and $157.4 million ($46.4 million is interest) from PrivatBank respectively in favor of the companies, but their satisfaction is contrary to the law.
“Article 63 of the law on enforcement proceedings clearly provides for a list of actions by the executor, after which the enforcement proceedings are terminated, respectively, there is no reason to cancel the closure and resume the proceedings,” the bank said.
The report explains that judge Vovk resumed the proceedings, which were opened by the State Executive Service in April 2020, on the basis of which the state executor fined the bank and then transferred the materials to law enforcement officers to open criminal proceedings.
The press service of PrivatBank stressed that after sending the materials to law enforcement agencies, judge Vovk had no right to resume enforcement proceedings.
According to the bank, the corresponding decision was made in order to execute the ruling of the Pechersky District Court of Kyiv dated September 2, by which the court authorized the compulsory write-off of funds and/or the seizure of the bank’s property in case of refusal to pay $347 million to the companies of the Surkis brothers.
The bank’s press service also indicated that the consideration of applications on September 3 was carried out without representatives of Surkis’ companies.
