1. The subject of the dispute is the recovery of funds from the bank under bank deposit agreements, interest, penalties, 3% per annum, and inflation losses.
2. The court of cassation instance, when considering the case, noted that the powers of the bank employee at the time of conclusion of the agreements are of decisive importance, and subsequent abuses by bank employees do not affect the disputed legal relations regarding the conclusion of the agreements. Also, the written form of bank deposit agreements is confirmed by the actual actions of the bank in issuing receipts for the acceptance of funds from the depositor to the current account, which the parties agreed upon in the agreements, as well as the execution of relevant memorial orders containing the depositor’s instructions to transfer funds from the current account opened in her name to the deposit account provided for in the text of the agreements. The court also took into account that the maintenance of the depositor database is entirely entrusted to and depends on the bank employees, which the depositor could not influence in any way, and therefore the partial absence of such information, subject to improper performance by the bank employees of their official duties, as evidenced by at least the loss of confidence in them by the bank and their dismissal for these reasons, is entirely the responsibility of the bank. In addition, the court indicated that the depositor’s interests are ensured by the second part of Article 625 of the Civil Code of Ukraine precisely in case of delay in the performance of a monetary obligation. **:** The court departed from the previous position regarding the recovery of penalties on the basis of the Law on Consumer Protection, indicating that after the expiration of the term of the bank deposit agreement, the contractual relations are terminated and the penalty is not charged.
3. The court of cassation instance partially satisfied the cassation appeal, upholding the decisions of the courts of previous instances regarding the recovery of deposit amounts and interest, and in the part regarding the recovery of penalties, 3% per annum and inflation losses – reversed and sent for a new consideration to the court of appeal instance.
