1. The subject of the dispute is the recovery of funds under a bank deposit agreement and penalties from the joint-stock company “Commercial Investment Bank.”
2. The court of first instance granted the claim, based on the fact that a bank deposit agreement was concluded between the plaintiff and the bank, confirmed by a receipt from the head of the bank branch for receiving funds, and the deficiencies in the execution of the agreement are the responsibility of the bank. The court of appeal reversed the decision of the court of first instance, considering that the plaintiff did not prove the conclusion of a bank deposit agreement and the deposit of money into his account with proper evidence, since the copy of the agreement provided by the plaintiff does not correspond to the templates of agreements established in the bank. The Supreme Court, overturning the decision of the court of appeal, emphasized that the bank deposit agreement is real and is considered concluded from the moment the bank accepts the amount of money, and deficiencies in the execution of the agreement, in particular the lack of registration in the bank’s system, cannot indicate non-compliance with the written form of the agreement, since this is the responsibility of the bank. The court also took into account that the existence of criminal proceedings against the bank employee who accepted the funds does not disprove the fact of the conclusion of the agreement and the bank’s obligation to return the deposit. The Supreme Court departed from previous conclusions regarding the application of Articles 1058, 1059, 1064, 1065 of the Civil Code of Ukraine, set forth in other resolutions.
3. The Supreme Court overturned the decision of the court of appeal and upheld the decision of the court of first instance granting the claim in the part of recovery of the deposit amount and accrued interest.
