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09.08.2017
1965
The SBU and the Prosecutor General's Office detained a representative of the insurance company "Grave Ukraine Life Insurance", who tried to bribe the FGVFO for organizing the payment of money to the creditor of the insolvent ERDE Bank, bypassing the priority established by law.
As FinClub reported, at the time ERDE Bank was declared insolvent, the balances on the insurer's account amounted to UAH 10.79 million. The insurance company appealed to the Fund with a demand to make a payment outside the procedure for satisfying creditors' claims, motivating this by the fact that the specified money belongs to individuals - its clients.
"Due to the fact that, according to the legislation, deposits of legal entities are not guaranteed, the payment was refused", - the Fund stated.
The insurance company initiated a lawsuit against the FGVFO and the authorized person of the Fund for the liquidation of the insolvent bank. On November 30, 2016, the Higher Administrative Court satisfied the insurer's claims and ordered the authorized person and the Fund to pay UAH 10 million, as it refused to review the decisions of previous instances. The Supreme Court also did not accept the case for consideration.
The court made its decision despite the lack of legislative norms regarding guarantees for deposits of legal entities and the procedure for paying funds in their favor, since individuals - policyholders of this company have never been clients of ERDE Bank, and the bank has never paid a regular fee to the Fund for such deposits. The intervention of the Prosecutor General's Office did not help either.
The FGVFO reports that a disciplinary case has been opened in the High Council of Justice against the courts of appeal and cassation that made such a decision.
The insurance company officials, realizing that there is no legal mechanism for enforcing such a court decision and making the payment legally is impossible, sent their representative to the Fund's authorized person to liquidate the bank, through which they offered to provide an illegal benefit instead of organizing the illegal payment. The Fund's authorized person applied to the SBU and the Prosecutor General's Office with a statement about the crime, and the perpetrator was detained.
Source: Financial Club
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