The Сourt of Kiev Сanceled the Arrest of Sberbank Company Property in Ukraine
OREANDA-NEWS Kyiv court of appeal overturned the decision of the private contractor, which imposed an arrest on all movable and immovable property "daughter" of Sberbank in Ukraine.
This is stated in the court records from November 20, located in the Unified registry of court decisions of Ukraine.
"To cancel the resolution of the private contractor of the Executive district of Kyiv of September 20, 2018 on the opening of the enforcement proceedings and the resolution of September 28, 2018 on the arrest of all movable and immovable property," the report said. The court also rejected similar Executive orders of 19 September and 21 September.
These decisions the court made on the basis of the appeal of "daughter" of Sberbank in which it was specified that the contractor in the resolutions incorrectly specified the Respondent (debtor) in the case - joint-stock company "Sberbank" whereas according to the previous judgments "the Russian Federation represented by the Ministry of justice of the Russian Federation" acts it.
The court stressed that the executor independently changed the name of the debtor, which went beyond his powers. Meanwhile, the shares of Sberbank's daughter in Ukraine remain arrested on the basis of a court decision.
The arbitration established at the Permanent court of arbitration in the Hague on May 2 this year announced the end of the hearing on the claim of a number of Ukrainian companies against Russia in connection with the reunification of Crimea with Russia. The document stated that the arbitral Tribunal "made a unanimous decision concerning the issues of liability and damages", to what conclusion the judges came, the communication did not specify.
According to the Ukrainian side, including according to the statement of the Deputy Minister of foreign Affairs of the country Elena Zerkal, the arbitration satisfied the claims of the companies that Russia should pay them compensation of $159 million, as well as reimburse the costs associated with the trial. In May, the acting Minister of justice of the Russian Federation Alexander Konovalov has declared that the office of the high probability that he will appeal the decision of the court in the Hague.
The court of appeal of Kiev in September 2018 decided to seize the shares of subsidiaries of VTB, Prominvestbank, Sberbank in Ukraine at the suit of 18 Ukrainian companies and the former head of Ukraine nationalized PrivatBank Alexander Dubilet. The Ukrainian court justified this position "by the decision of the Arbitration court [the Hague] of May 2, 2018 in the case of charging the debtor - the Russian Federation represented by the Ministry of justice of the Russian Federation - as compensation for the relevant real estate it is recognized that the defendant illegally expropriated the property of the plaintiffs."
In order to secure the claim, the court decided to prohibit "banks that belong to the defendant to dispose in any way of all movable and immovable property belonging to them by right of ownership, and to carry out liquidation or reorganization and the like".
Комментарии