Vasil Kisil & Partners has successfully represented Ukraine's Intertrans LLC in a dispute with the National Bank of Ukraine and Department of the State Enforcement Service of Ukraine that reached the Supreme Court of Ukraine for a second time in a year.
As reported previously by CEE Legal Matters, in February 2016 VKP announced that it had persuaded the Supreme Court that a third property assessment and third stage of a public auction carried out by the National Bank of Ukraine of Intertrans’ premises as part of foreclosure proceedings were invalid, and that the Bank's failure to exercise its right and purchase the property after the second stage had the effect of terminating the mortgage.
In this recent development, the National Bank of Ukraine claimed that, in its decision of March 2, 2016, the cassation court had applied substantive law in a manner inconsistent with a decision in a case with the same factual circumstances. VKP successfully persuaded the Supreme Court of Ukraine that the facts in the two cases were not the same, leading the Court to dismiss the NBU's application.
Intertrans was represented before the Supreme Court of Ukraine by VKP Managing Partner Andriy Stelmashchuk and Associates Yuriy Kolos and Maksym Maksymov.
