LAW OF UKRAINE

of May 13, 2020 No. 590-IX

About modification of some legal acts of Ukraine concerning enhancement of mechanisms of banking regulation

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

Part the fourth Article 22 to state 1) in the following edition:

"4. Upon the demand of person to whom harm is done and according to the facts of the case property harm can be compensated and in a different way, in particular, damage caused to property can be compensated in nature (transfer of thing of the same sort and the same quality, correction of the damaged thing, etc.) if other is not established by the law";

Paragraph one of part three of Article 23 to state 2) in the following edition:

"3. If other is not established by the law, moral harm is compensated by money, other property or in a different way";

3) the first offer of part two of Article 393 to state in the following edition:

"2. If other is not established by the law, the owner of property which rights are violated owing to the edition of the legal act by public authority, authority of the Autonomous Republic of Crimea or local government body has the right to require recovery of that provision which existed to the publication of this act";

Article 1173 to add 4) with part two of the following content:

"2. Features of the indemnification caused as a result of conclusion of insolvent bank from market/liquidation of bank based on illegal (illegal) individual acts of the National Bank of Ukraine, Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market of decisions of the Cabinet of Ministers of Ukraine to persons who on acceptance date of such individual acts or decisions, respectively, had participants status of such bank are established by the Law of Ukraine "About banks and banking activity" and the Law of Ukraine "About system of guaranteeing household deposits";

Paragraph one of part one of Article 1192 to state 5) in the following edition:

"1. If other is not established by the law, taking into account the facts of the case the court at the choice of the victim can oblige person which caused damage to property, to compensate it in nature (to transfer thing of the same sort and the same quality, to repair the damaged thing and so forth) or to pay the caused damages in full".

2. Paragraph two of part one of Article 173 of the Criminal Procedure Code of Ukraine (2013, 88) to state sheets of the Verkhovna Rada of Ukraine to Art. No. No. 9-13, in the following edition:

"Arrest of properties/means of the bank referred to category insolvent, bank on which the decision on withdrawal of the banking license and liquidation of bank on the bases determined by article 77 of the Law of Ukraine "About banks and banking activity" (except liquidation of bank according to the decision of its owners), properties/fund of guaranteeing household deposits, and also prohibition on making of actions to other persons is made during realization by Fund of guaranteeing household deposits of property of the bank referred to category insolvent and the bank liquidated according to the Law of Ukraine "About system of guaranteeing household deposits" is not allowed.

3. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

Part the fourth Article 12 to add 1) with Item 6 of the following content:

"6) concerning appeal of individual acts of the National Bank of Ukraine, Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market, decisions of the Cabinet of Ministers of Ukraine determined by part one of article 266-1 of this Code";

Part the second Article 72 to add 2) with the paragraph the fifth the following content:

"Features of determination of the damage caused by the illegal (illegal) individual acts and/or decisions specified in part one of article 266-1 of this Code are established by the Law of Ukraine "About banks and banking activity" and the Law of Ukraine "About system of guaranteeing household deposits";

Article 77 after part two to add 3) with new part of such content:

"3. In the administrative cases determined by part one of article 266-1 of this Code, obligation of proof of the harm done by illegal (illegal) individual acts of the National Bank of Ukraine of Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market, decisions of the Cabinet of Ministers of Ukraine it is assigned to the claimant".

With respect thereto speak rapidly third - to consider the fifth respectively parts four - the sixth;

4) in Article 151 part three:

state Items 2 and 4 in the following edition:

"2) suspension of decisions of Fund of guaranteeing household deposits on appointment of the authorized person of Fund of guaranteeing household deposits and concerning implementation of temporary administration or liquidation of bank, establishment of prohibition or obligation to make certain actions, obligations to abstain from making of certain actions to the authorized person of Fund of guaranteeing household deposits, Fund of guaranteeing household deposits, his officials when implementing temporary administration or liquidation of bank, and also to other persons during realization by Fund of guaranteeing household deposits of property of the bank referred to category insolvent and the bank liquidated according to the Law of Ukraine "About system of guaranteeing household deposits";

"4) suspension of decisions of the National Bank of Ukraine, acts of the National Bank of Ukraine, and also establishment for National Bank, its official and officials of prohibition or obligation to make certain actions, obligations to abstain from making of certain actions";

add with Items 8 and 9 of the following content:

"8) suspension of operation of the individual acts of the Ministry of Finance of Ukraine adopted in pursuance of decisions of the Cabinet of Ministers of Ukraine on participation of the state in removal of insolvent bank from the market and also establishment for the Ministry of Finance of Ukraine, its official and officials of prohibition or obligation to make certain actions, obligations to abstain from making of the certain actions following from such individual act;

9) suspension of operation of the individual acts of the National commission on securities and the stock market accepted in the course of conclusion of insolvent bank from the market and also establishment for the National commission on securities and the stock market, its official and officials of prohibition or obligation to make certain actions, obligations to abstain from making of the certain actions following from such individual act";

Item of 1 part one of article 264 after words of "the Cabinet of Ministers of Ukraine" to add 5) with words "(except the decisions of the Cabinet of Ministers of Ukraine determined by part one of Article 266-1 of this Code)";

To add 6) with Article 266-1 of the following content:

"Article 266-1. Features of production for relatively appeal of individual acts of the National Bank of Ukraine, Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market and decisions of the Cabinet of Ministers of Ukraine concerning removal of banks from the market

1. Rules of this Article extend to consideration of administrative cases in the relation:

1) legality of individual acts of the National Bank of Ukraine of reference of bank to category insolvent, about response at bank of the banking license and liquidation of bank, about approval of the offer of the National Bank of Ukraine on participation of the state in removal of insolvent bank from the market;

2) legality of individual acts of Fund of guaranteeing household deposits of introduction of temporary administration in bank, about the beginning of liquidation procedure of bank, about approval of the settlement plan and any other individual acts adopted in its execution and also individual acts of appointment of authorized persons of Fund of guaranteeing household deposits, delegation of powers by it;

3) legality of decisions of the Cabinet of Ministers of Ukraine on participation of the state in removal of insolvent bank from the market;

4) legality of the individual acts of the Ministry of Finance of Ukraine adopted in pursuance of decisions of the Cabinet of Ministers of Ukraine on participation of the state in removal of insolvent bank from the market;

5) legality of the individual acts of the National commission on securities and the stock market accepted in the course of conclusion of insolvent bank from the market.

2. The action for declaration about contest of the individual act / decision is filed a lawsuit within three months from the date of publication of such act / decision according to the procedure, determined by the law. The specified term is limiting and is not subject to renewal.

3. Submission of the action for declaration, and also opening of production on administrative case do not suspend the appealed individual act / decision.

4. The administrative cases determined by part one of this Article are considered according to the procedure of general claim production.

5. During consideration of the administrative cases determined by part one of this Article, the court checks whether the individual act or the decision on the basis, within powers and method which are provided by the Constitution and the laws of Ukraine which determine powers of the National Bank of Ukraine, Fund of guaranteeing household deposits, the National commission on securities and the stock market, the Cabinet of Ministers of Ukraine and the Ministry of Finance of Ukraine is adopted.

6. During consideration of the administrative cases determined by part one of this Article, the court uses as the basis for own assessment and it is necessary on quantitative, quality standards and the conclusions drawn by the National Bank of Ukraine, Fund of guaranteeing household deposits, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, the National commission on securities and the stock market based on which relevant decisions were made except cases if:

1) appealed the decision/act it is adopted with fundamental breach of established procedure of its acceptance (violation which significantly affected result of assessment);

2) quantitative, quality standards and conclusions are based on obviously false data and/or do not consider essential circumstances (facts) on condition of which accounting appealed the decision/act could not be accepted;

3) there are obvious disagreements and/or logical contradictions between quantitative, quality standards and/or conclusions;

4) appealed the decision/act it is adopted in the absence of powers or with use of powers contrary to the purpose with which they are provided by the law.

7. The court by results of consideration of the administrative cases determined by part one of this Article can make the decision about:

1) recognition illegal (illegal) and cancellation of the individual act / decision determined by part one of this Article, or its separate provisions;

2) collection from the defendant (defendants) of funds for compensation of the damage caused by its illegal (illegal) individual act / decision if such requirement is declared by the claimant along with the requirement about recognition illegal (illegal) and cancellation of the individual act / decision;

3) refusal in satisfaction of claims (fully or partially).

8. Features of determination of the extent of the harm done by the illegal (illegal) individual acts / decisions specified in part one of this Article are established by the Law of Ukraine "About banks and banking activity".

9. Recognition illegal (illegal) and cancellation of the individual act / decision determined by part one of this Article, or its separate provisions:

1) does not redeem situation of bank which existed before adoption of such act / decision, including legal status of this bank, and does not recover the provisions/rights of persons who were members of bank at the time of adoption of such act / decision;

2) cannot be the basis for recognition invalid, invalid, illegal and cancellations of any decisions, transactions or other actions / recognitions of illegal divergence accepted, made or allowed in the procedure of conclusion of insolvent bank from market/liquidation of bank;

3) does not generate any rights of persons who were members of bank at the time of adoption of such individual act / decision, except the right to compensation of damage suffered.

10. The court cannot make any other decision which can have the investigation the suspension/termination of the begun procedure of removal of insolvent bank from the market and/or liquidations of bank".

4. In the Code of civil procedure of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

Article 5 to add 1) with parts three and the fourth the following content:

"3. The only way of protection of the rights of persons which are (were) members of bank and the right and which interests were violated as a result of conclusion of insolvent bank from the market or liquidation of bank based on the illegal (illegal) individual act of the National Bank of Ukraine, Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market, decisions of the Cabinet of Ministers of Ukraine, compensation of damage suffered in cash is.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info