The National Bank Of Ukraine As A Party To A Court Proceedings

Abstract

The purpose of the article is to determine the procedural status of the National Bank of Ukraine in administrative, civil, and commercial cases, as well as to develop scientifically sound proposals for improving the current legislation governing the activities of the National Bank of Ukraine. It has been established that the correct determination of the procedural status of the National Bank of Ukraine is complicated by its plural legal nature, since it may be a party to a court case and act on its behalf as a subject of authority or as a party to civil or economic relations, and also act in court on behalf of the State represented by the National Bank of Ukraine as the relevant public authority within its competence. Therefore, in each particular case, one should proceed from the essence of the disputed legal relationship to consider which entity is their direct participant, and what rights and obligations arise from such legal relationship. When determining the entity that will compensate for the damage caused by the National Bank of Ukraine (its officials), one should proceed from the nature of the legal relationship that will determine the application to a judicial institution for protection. If the claims are related to the activities of the National Bank of Ukraine as a public authority, they will be based on Articles 1167, 1173–1175 of the Civil Code of Ukraine; if such requirements are made to the National Bank of Ukraine as a party to civil or commercial relations, they should be guided by Articles 1166, 1167, 1172 of the Civil Code of Ukraine. In addition, given the plural legal nature of the National Bank of Ukraine, the issue of appealing a decision, acts, or omissions by the National Bank of Ukraine itself or its officials and employees, and engaged experts should be resolved. In administrative, civil, and commercial proceedings, the National Bank of Ukraine may be granted one of the following procedural statuses of a party to a case: plaintiff, defendant, third party, bodies, and persons, who are entitled by law to bring an action in the interests of others. Besides, in cases specified by law, the National Bank of Ukraine acts in court proceedings on behalf of the State. In this case, we can speak of its self-representation. Given the existence of general rules on compensation for damages, as well as provisions on the procedure for appealing against decisions, acts or omission by public authorities, it seems inappropriate to enshrine special rules on filing claims against the National Bank of Ukraine in the Law of Ukraine “On the National Bank of Ukraine”, as they lead to conflicts in the legal regulation of the relevant issues and do not consider plural legal nature of the central bank of Ukraine. In this regard, it is proposed to exclude Parts 2, 3 and 5 of Article 64-1 of the Law of Ukraine “On the National Bank of Ukraine”, while supplementing this Law with a new article “Liability for damage caused by the National Bank of Ukraine and persons associated with the National Bank of Ukraine”.