On July 5, Pechersk District Court of Kyiv satisfied the request of Pryvatofis LLC and lifted the arrest of 415 property objects of the company (land plots, non-residential premises, office premises in different regions of Ukraine), which was imposed by the decision of the same court dated 05.04.2017 at the petition of the General Prosecutor`s Office within the framework of criminal proceedings No. 4201700000000000876 (regarding the issuance of loans by PrivatBank - in the period prior nationalization and attraction of refinancing by the NBU - for related persons on unfavorable terms, which led to the emergence of debts of legal entities to the bank in the amount of UAH 373 million).
The court stated that Pryvatofis LLC "can not be subjected to a criminal law measure on the grounds of a criminal offence under Part 5 of Article 191 of the Criminal Code of Ukraine, including confiscation", and "the arrest was imposed without proof of proportionality between the value of the immovable property on which the arrest was imposed and the size of the damage caused by the criminal offence, that is, with violation of the paragraph 4 part 2 of Article 173 of the Criminal Procedural Code of Ukraine" (quotations).
According to the court materials regarding criminal proceedings No. 4201700000000000876, PrivatBank provided Pryvatofis LLC with a loan. At the same time, shares in the charter capital of the borrower`s company owned by, among others, Tailon LLC, LT GROUP LLC, Agency New World LLC, Zernopostavka-M LLC, were pledged to the financial institution.
Currently, the Commercial Court of Dnipropetrovsk Region is considering case No. 904/1520/19 on the claim of Privatbank to the above companies, as well as to Kandella LLC, OPF LLC, Elara LLC, and Komunalne obsluhovuvannia domiv LLC for foreclosure of their shares in the authorized capital of Pryvatofis LLC (under pledge agreement No. 09/01/K/DZ dd. 28.03.2016) in order to repay the debt of Pryvatofis LLC in the amount of UAH 689 million.
In addition, the Commercial Court of Dnipropetrovsk Region is considering a number of other claims of Privatbank to Pryvatofis LLC for recovery of debts under loan agreements dd. 17.12.2008 in the amount of more than UAH 500 mln.
At the same time, on 12.02.2019 the Commercial Court of Kyiv City within the framework of the case No. 910/21566/17 recognized bank`s obligations to Pryvatofis LLC as terminated (in terms of payment of UAH 1.1 million under the rental contract of the premises dd. 01.12.2016) and obligations of Pryvatofis LLC to PrivatBank (in terms of payment of UAH 1.1 mln under the contract No. 07/30/K dated 28.11.2017) by offsetting a similar claim of regress
On 17.04.2019 the Kyiv City Court of Appeal refused to satisfy the NBU`s appeal and left unchanged the appeal petition of the Pechersk District Court of Kyiv dd. 05.02.2019, which at the petition of the Prosecutor General`s Office within the framework of other criminal proceedings - No. 4201400000000001261 (on UAH 19 bln. of refinancing attracted by PrivatBank to the NBU prior to the nationalization) - mass seizure of the property of the companies` directly and indirectly related to the "Privat authorities" and their partners was imposed. Among the respective arrested assets were real estate objects owned by Pryvatofis LLC.