Ukrgasvydobuvannya can lose over UAH 215 mln., due to probable abuse of power by the employees of the Deposit Guarantee Fund of Individuals

JSC Ukrgasvydobuvannya asks the Office of the President and the Cabinet of Ministers of Ukraine to inspect the actions of the employees of the Deposit Guarantee Fund of Individuals of Ukraine and take measures to prevent the unlawful collection from JSC Ukrgasvydobuvannya in favor of LLC FC Fingroup Factor of the amount exceeding UAH 215 mln due to probable illegal acts of the Fund.

Thus, today, the Deposit Guarantee Fund of Individuals conducts the liquidation of JSC Delta Bank.

It was the period of 2013 when JSC Ukrgasvydobuvannya concluded a loan contract with JSC Delta Bank for UAH 150 mln., valid till 31/12/2014. In its turn, JSC Ukrgasvydobuvannya promptly paid the interests to the creditor, but due to the funds, it failed to repay the primary loan until 01/01/2015.

In April 2015, JSC Delta Bank informed JSC Ukrgasvydobuvannya about the absence of debt under the loan contract giving the reason that the individuals-guarantors had paid the debt. However, in May the same year, the Deposit Guarantee Fund of Individuals pointed out that the agreements with guarantors were void and demanded from JSC Ukrgasvydobuvannya to pay the debt under the loan contract.

Later, both JSC Delta Bank and individuals-guarantors practically simultaneously applied to the courts with claims to collect from JSC Ukrgasvydobuvannya the double debt amount under the loan contract.

Due to uncertainty of proper creditor and double demands on the collected amount, after Ukraine's Higher Commercial Court had made a final decision on the case, on 04/08/2017, JSC Ukrgasvydobuvannya transferred to the JSC Delta Bank account the full amount of debt under the loan contract that was UAH 214.1 mln., including the primary loan, interests, penalties and fees.

Nevertheless, JSC Delta Bank made a new claim demanding to collect from JSC Ukrgasvydobuvannya the amount of UAH 215.75 mln., under the same contract that included, contrary to the current legislation, the interest arrears for the period after the loan contract expiration.

Along with this, while the court proceedings between JSC Ukrgasvydobuvannya and JSC Delta Bank were in progress, and there was the effective court decision on collection of the mentioned amount in favor of JSC Delta Bank, the Deposit Guarantee Fund of Individuals supported the demands of JSC Delta Bank and decided to sell the right of claim of JSC Delta Bank in Prozorro internet resource with the funds collected under the mentioned loan contract.

The winner of the open tender was the Limited Liability Company "Finance Company "Fingroup Factor" that the cost offer of UAH 75.7 mln., only that also included the right of claim under the other loan contract for the amount of UAH 151.8 mln., which is three times cheaper than the nominal cost.

According to the tender results, JSC Delta Bank and LLC "Finance Company "Fingroup Factor" agreed on the assignment of claims according to which the rights of the suit under the loan contract were transferred to FC "Fingroup Factor."

Such actions of officials of the Deposit Guarantee Fund of Individuals yet again doubled the sum of claim, and as a result, the amount of more than UAH 215 mln., can be unlawfully collected from the state in favor of the private entity in the nearest future,  that is the funds that could be directed for tax or dividends paid to the Government.

Also, there are the demands of the individuals-guarantors to JSC Ukrgasvydobuvannya concerning payment of the same amount, and the Ukrainian courts review them until now.

That is, today, there is a sufficient risk of double collection of the amount of more than UAH 215 mln. from JSC Ukrgasvydobuvannya in favor of LLC FC "Fingroup Factor" and individuals-guarantors with whom JSC Ukrgasvydobuvannya had not concluded any contracts. At this, the Deposit Guarantee Fund forfeits the right to receive funds that could be directed to payments to the depositors or the budget.