Certain provisions of the resolution of the National Bank of Ukraine (hereinafter - the NBU) that discriminate our citizens from the Crimea have been repealed by the Kyiv Administrative Court of Appeal.
In particular, it deals with the Paragraph 1 of the Resolution of the NBU No. 699 of November 03, 2014, according to which all Crimeans are recognized as nonresidents in Ukraine.
What did it mean in practice to citizens who are registered as residing in Crimea? Their economic rights were limited. Both legal entities and physical entities-entrepreneurs were prohibited doing business or performing such bank services as making money transfers, receiving credit, replenishing deposit accounts, using currency exchange, etc.
Of course, experts agreed that the document that would clearly define peculiarities of the economic relations between the Crimea and Ukraine is necessary. However, it caused a lot of problems. First of all ordinary citizens, representatives of small and medium-sized business have suffered.
For more than 10 months the public organization “Regional Center of Human Rights” and the Ukrainian Helsinki Human Rights Union were engaged in proving wherever possible including in court that the National Bank discriminated Crimeans.
But today the Kyiv Administrative Court of Appeal allowed the appeal of members of these organizations and repealed the discriminatory provision of the Resolution of the NBU No. 699.
Earlier, on January 22, 2015 the District Administrative Court of the city of Kyiv refused claimants’ application for recognition of the actions of the NBU as illegal and repeal of certain provisions of the above Resolution.
Subsequently the Kyiv Administrative Court of Appeal appealed to the Supreme Court of Ukraine with the petition for the appeal to the Constitutional Court of Ukraine concerning illegality of certain provisions of the Law on the Creation of the Free Economic Zone “Crimia” and on the Peculiarities of the Effectuation of Economic Activity in Temporarily Occupied Territory of Ukraine”, to what the NBU referred as to the grounds for equaling Crimeans to nonresidents.
The Plenum of the Supreme Court of Ukraine refused the appeal to the Constitutional Court, having stated in the Resolution of July 03, 2015 that the NBU worked with abuse of authority when recognizing through its resolution Crimeans as nonresidents.
Obviously, the Kyiv Administrative Court of Appeal recognized this conclusion as the grounds for the decision to repeal the Paragraph 1 of the Resolution of the NBU. After 10 months of the fight human rights defenders and citizens who had appealed to court, stopped discriminatory treatment of Crimeans from the state represented by the NBU.
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