Here is the translation:
1. Subject of Dispute: Recognition and Inclusion of National Police of Ukraine’s Creditor Claims under Bank Guarantees in the Creditors’ Claims Register during Bank Liquidation.
2. Key Court Arguments:
– The Supreme Court deviated from its previous position on bank guarantees. The Court clearly defined that the guarantor has no right to verify the fact of breach of the main obligation, but must pay under the guarantee if the claim formally meets the conditions. The key condition is that the claim must be presented before the start of the bank liquidation procedure. If the guarantee event occurred after the start of liquidation, the claims are not subject to satisfaction.
3. Court Decision: Partially satisfy the cassation appeals, cancel the decisions of previous instances regarding the inclusion of claims under guarantee No. BGV/UA/03-2-03817 for the amount of 122,499 UAH, as the claim was presented after the start of bank liquidation, and leave unchanged the decision regarding guarantee No. BGV/UA/03-2-03762 for the amount of 141,510 UAH.
