A Kyivstar subscriber cannot recover lost funds from their bank account, as ruled by the court.

A man is demanding that Oschadbank return the funds of 49,700 hryvnias that were withdrawn from his account without his knowledge. However, his request was denied, as the withdrawal was executed correctly using a one-time confirmation code that was sent to his financial Kyivstar network number. This was stated in the decision of the Bohuslav District Court of Kyiv Oblast, published on December 24, 2024.

On March 17, 2023, two transactions resulted in the withdrawal of funds from the man's Oschadbank account, totaling 21,700 hryvnias and 28,000 hryvnias, respectively. On March 18, 2024, he filed a corresponding statement with the police, leading to the inclusion of information in the Unified Register of Pre-Trial Investigations regarding a criminal case under Part 4 of Article 185 of the Criminal Code of Ukraine. The pre-trial investigation is currently ongoing, and no culprits have been identified. Subsequently, the citizen received a letter from JSC "Oschadbank," stating that the withdrawal was executed correctly, and therefore, the bank believes that the transfer of funds may have occurred due to the disclosure of his personal data, card details, and the one-time confirmation code sent to his financial Kyivstar network number. As a result, the request for the return of the 49,700 hryvnias was denied, as there were no grounds for the refund.

What did the court decide?

The court fully upheld the man's claim. The State Savings Bank of Ukraine will be ordered to pay him the amount of 49,700 hryvnias.

"The withdrawal of funds from the plaintiff's card accounts was not made at his request, and he should not bear responsibility for such transactions. Under the circumstances, he did not transfer his JSC 'State Savings Bank of Ukraine' card to anyone, did not lose it, and third parties did not have access to it. He did not disclose any information regarding its details, including the number, PIN codes, expiration date, CVC, and did not share or disclose them, meaning the funds of 49,700 hryvnias were withdrawn from the card account without his knowledge and consent in an illegal manner, without obstruction from the security service of JSC 'State Savings Bank of Ukraine,' and he is entitled to a refund of his funds amounting to 49,700 hryvnias, which were unlawfully withdrawn," the court emphasized.