The subject matter of this dispute is the recovery from the National Bank of Ukraine in favor of an individual of inflation losses and compensation for moral damage caused as a result of returning unexecuted a state executor’s payment instruction for the forced debiting of funds from the account of the Deposit Guarantee Fund for the execution of a court decision.
The Court noted that the binding nature of a court decision is a fundamental principle of judicial proceedings and an integral component of the constitutional right to judicial protection. The National Bank of Ukraine, servicing the accounts of the Deposit Guarantee Fund, is vested with the authority to perform the undisputed debiting of funds pursuant to a court decision and had no right to refuse the executor. **:** In this case, the court applied the conclusion on the departure from the previous position of the Supreme Court, clarifying that the special status of the Fund and legislative restrictions regarding its funds do not prohibit the forced debiting of money to reimburse court costs incurred by an individual. Consequently, the return of the payment instruction by the National Bank unexecuted was declared unlawful, since the court decision is subject to mandatory execution. At the same time, the court denied the recovery of inflation losses, as the regulator’s actions were not the direct cause of their occurrence, since the obligation to pay rested with the primary debtor. However, the unlawful conduct of the bank caused mental suffering to the plaintiff, which constitutes an unconditional ground for the compensation of moral damage, the amount of which, based on the principles of reasonableness and fairness, the court determined in the sum of 2,800 hryvnias.
The Supreme Court partially satisfied the cassation appeal of the plaintiff, reversing the decisions of the lower courts in the part of the denial of compensation for moral damage and recovering 2,800 hryvnias from the National Bank of Ukraine, and in the part of the denial of recovery of inflation losses, it modified the reasoning for the refusal, recognizing the actions of the National Bank as unlawful.
