Here is a detailed analysis of the court decision prepared for your interview:
1. **Subject of the Dispute:** Recovery of non-pecuniary damage from the National Bank of Ukraine caused by the unlawful return, without execution, of a payment instruction from a state enforcement officer regarding the compulsory debiting of funds from the account of the Deposit Guarantee Fund for Individuals.
2. **Main Arguments of the Court:** The Supreme Court departed from its previous position, set forth in other decisions, in particular in case No. 757/50881/21-ц, regarding the application of Article 20 of the Law of Ukraine “On the System of Guaranteeing Deposits of Individuals.” The Court emphasized that the enforcement of a court decision is an integral part of the right to judicial protection; therefore, the restrictions on the use of the Fund’s funds provided for by the aforementioned law do not exempt it from the obligation to reimburse court costs recovered in favor of a person. The NBU, as a banking institution servicing the Fund’s accounts, is obliged to execute the payment instructions of a state enforcement officer regarding the undisputed debiting of funds, and their return without execution is unlawful. The Court noted that the right to compensation for non-pecuniary damage arises from the very fact of the violation of a person’s rights, and not only when it is explicitly provided for by law. Since the NBU hindered the execution of a court decision, it bears civil liability for the non-pecuniary damage caused thereby. At the same time, the Court emphasized that such disputes are not subject to consideration under the procedure of judicial control over the execution of decisions but must be resolved within the framework of a claim proceeding for the recovery of damages.
3. **Court Decision:** The Supreme Court set aside the decisions of the lower courts and rendered a new decision, partially satisfying the claim by ordering the National Bank of Ukraine to pay the plaintiff 1,600 UAH as compensation for non-pecuniary damage.
