THE RESOLUTION OF THE PLENUM OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of September 30, 2011 No. 10

About court practice in civil cases about disclosure by banks of information containing bank secrecy concerning legal entities and physical persons

The bank secrecy on the legal regime belongs to the classified information with limited access which disclosure can do harm to person, society and the state. With respect thereto it is strictly protected by the legislation of Ukraine. However the mode of bank secrecy established by the law has no absolute nature as lawful legal actions concerning disclosure of such type of information are provided.

The obligation in each case is assigned to court as public authority to estimate the urgent need for disclosure of such information.

For the purpose of ensuring the correct and identical application by courts of the legislation on disclosure by banks of information containing bank secrecy concerning legal entities and physical persons the plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases DECIDES to make to courts the following explanations:

1. The legal regime of bank secrecy is determined, in particular, by Articles 1058, 1076 Civil codes of Ukraine (further - group of companies), Articles 60 - 62 Laws of Ukraine of December 7, 2000 No. 2121-III "About banks and banking activity" (further - the Law No. 2121III).

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