After the decision of the ECtHR, there is a basis for a new case for confiscation of…

After the decision of the ECtHR, there is a basis for a new case for confiscation of…
After the decision of the ECtHR, there is a basis for a new case for confiscation of…

This is what Nikolay Staykov from the Anti-Corruption Fund told BNR on the occasion of the ECtHR’s decision from this week that KTB was deprived of a fair trial in the case of the revocation of its license.

This case is in no way related to the other case – for draining KTB, which is in the Specialized Criminal Court, which was closed and now it must be heard in the Sofia City Court by the same judges, he emphasized.

The case at the ECHR was reached after the Supreme Court in our country did not allow the withdrawal of the license from the BNB to be appealed. The decision of the European Court very clearly indicates the problem – in the Law on Credit Institutions, which does not say who has the right to appeal and whether it is the executive directors of the bank, representing the institution until its closure, or the conservators appointed by the BNB. This is a legal loophole that, unfortunately, has not been fixed for years. There are two ECtHR decisions that are very similar, from 2005 and 2015. However, they are not enshrined in the current law in our country, adopted in 2006 and changed several times a year.

“One very important news from two days ago is that the Ministry of Finance, the day after the decision of the European Court, announced that there is already a published proposal on the public consultation portal,” he revealed.

Can the decision change anything in the KTB case? “The decision itself gives some guidelines – that it is in the interest of justice to open the case again, that is, there are grounds for a new case on the revocation of the license. At the same time, it is clearly stated that it is practically impossible to resuscitate the bank and the clock cannot be turned back 8 years. My guess is that if there is such a decision and it is positive, it will most likely be used for other compensation cases. In some way, the lawyers of the owners will try to get the most out of this decision,” Staikov believes.

Will Tsvetan Vassilev receive compensation from the state? “This goes through new cases in which to prove that the methods of evaluating the bank’s portfolio were wrong, which is a complex specialized matter,” Staikov pointed out.


The article is in bulgaria

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