Subject of the Dispute: Dispute regarding the inclusion of claims by the Main Directorate of the Pension Fund of Ukraine in Kyiv in the register of accepted creditor claims during the liquidation of the Joint Stock Company “Ukrainian Construction and Investment Bank”.
Main Arguments of the Court: The Supreme Court established that this dispute is not a public law dispute, as the Deposit Guarantee Fund acts not as a subject of authoritative powers, but as a bank management body. The court referred to the previous legal position of the Grand Chamber of the Supreme Court, which determined that during bank liquidation, the Fund manages property on behalf of the bank and does not exercise authoritative management functions. Therefore, such a dispute should be considered under the rules of economic court proceedings, not administrative proceedings.
Court Decision: The Supreme Court cancelled the decisions of previous instances and closed the proceedings, explaining to the plaintiff that the case should be considered in the economic court.
