The Supreme Court Protects Ukrainians: When You Won't Have to Pay for Fraudulent Transactions with Your Card.
Situation with Unauthorized Transactions on Cards
According to inkorr.com: According to information from the Judicial and Legal Newspaper, Ukrainians can avoid liability for fraudulent transactions with payment cards if they promptly inform the bank about suspicious transactions and if there is no evidence of their involvement in the leak of personal data. The main aspect on which the decision is based is that the correct entry of card details and PIN code does not automatically indicate the guilt of the cardholder.
According to the Supreme Court's ruling in case No. 490/7829/23, the bank has no right to collect debt under the credit agreement if funds from the card were withdrawn without the client's knowledge.
Determining Client's Guilt by Judicial Authorities
The court of first instance partially supported the bank's position, but the appellate court found the client guilty of compromising card data, which was overturned by the Supreme Court. The established principles are as follows:
- The client is presumed innocent until proven otherwise.
- The burden of proof lies with the bank.
- Requirements for banking behavior in situations with unauthorized transactions.
- Criticism of the bank's procedural actions.
This decision of the Supreme Court strengthens the protection of consumer rights in banking services and establishes stricter criteria for proving client guilt in cases of card fraud.
Moreover, starting from January 1, 2026, PrivatBank plans to make changes to the fees for its clients.
In Ukraine, clients can be exempted from liability for fraudulent actions with payment cards if they promptly inform about suspicious transactions and if there is no evidence of their guilt in leaking confidential data. The Supreme Court's ruling enhances the protection of clients' rights in banking and establishes new requirements for proving guilt in cases of card fraud, which is an important step in combating financial crimes.
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