Owner in occupation: 465,411 hryvnias disappeared from the Oschadbank card – court decision.

The Oschadbank user lost monetary assets in the amount of 465,411 hryvnias from the account

Due to his stay in the territory temporarily controlled by the occupiers, the man had no opportunity establish contact with Oschadbank employees neither by phone nor visit the branch in person. Later, he learned that money in the amount of 465,411 hryvnias had disappeared from his payment card. This is stated in the decision of the Saltiv District Court of the city of Kharkiv, published on June 3, 2025.

In April 2022, the citizen’s bank card ceased to function, according to the decision of JSC “Oschadbank”, which states: “If you were unable to pick up a new card at the branch, you will be able to withdraw money and make payments with the old card only until March 31, 2022.” However, the account itself continued to operate after March 31, 2022. During this period, he was in the temporarily occupied territory during full-scale aggression and active hostilities. Banking institutions of JSC “Oschadbank” and “Vodafone” points were not working. As a result, he was unable to contact the bank’s representatives either by phone or physically arrive at the institution. On September 14, 2023, after returning to Kharkiv, he applied to the branch of JSC “Oschadbank” to get a new card, but neither the old nor the other PIN code was suitable for the specified card. With the help of the official support service of Oschadbank, it was possible to change the PIN code and enter the official Oschad 24/7 mobile application, where it was established that in May 2023, when he did not have access to his mobile number, funds in the amount of 465,411 hryvnias disappeared from the account. Immediately after discovering the lack of money in the account, he verbally and in writing appealed to JSC “Oschadbank” with a request to look into this situation and return the money withdrawn without his consent. He also submitted a statement to the law enforcement authorities, where criminal proceedings were subsequently initiated.

“From the software information of JSC “Oschadbank” it was found that on December 11, 2017, the plaintiff was successfully registered in the “Oschad 24/7” remote banking service system. On April 29, 2023, an SMS message was sent to the client’s mobile number, with the help of which a PIN code was remotely set for further registration in the “Oschad 24/7” application. On April 29, 2023, an authorization was made on another device, for which a code was sent to the client’s mobile number. The registration of the claimant in the “Oschad 24/7″ system was carried out correctly, which is possible only if the data of the bank card and the SMS password were sent to the claimant’s mobile phone and were known only to him. referred to by the plaintiff, regulated by clause 9.16 of the DKBO, which stipulates that the client bears the risk and negative consequences of transferring the mobile phone (the corresponding SIM card) to a third party, the number of which is specified in the application for joining the DKO of individuals or notified to the bank in another manner established by the contract as the client’s mobile phone number, their loss, illegal possession of them, as well as the risk of technical interception of information sent to the client’s mobile phone number. login to the Oschad 24/7 remote banking service and money transfer operations were carried out correctly, which is possible only if there is a code for registration in the mobile application that was sent to the client’s mobile phone, and account data that were known only to the plaintiff. The performed money withdrawal operations were confirmed by means of biometric identification. Thus, Oschadbank JSC is not responsible for the operations carried out on the account.” reported in Oschadbank.

What decision did the court make? The husband’s claim was satisfied. The joint-stock company “State Savings Bank of Ukraine” was ordered to return to his card account funds in the amount of 465,411 hryvnias.

“From the case materials, it becomes clear that at the time of authorization in the application and subsequent transactions through it, which took place in Kyiv, the plaintiff himself was in the temporarily occupied territory and returned to the controlled territory of Ukraine only on September 5, 2023. In itself, the absence of a verdict in a criminal case on the fact of illegal possession of money by unidentified persons using a payment card opened in the name of the plaintiff is not a reason for In this case, the case file does not contain any evidence that the transfer of money from the plaintiff’s bank account was made due to the fact that he gave access to the payment card and mobile number to third parties. Upon discovering the commission of a criminal offense, the plaintiff immediately reported this fact to the law enforcement officers of money were confirmed by the plaintiff with biometric data/or an access code, the login to the Oshchad24/7 mobile banking remote banking system (RDB) and money transfer operations were carried out correctly, which is possible only if bank card data is available, SMS passwords, push messages that were sent to the plaintiff’s mobile phone and are known only to him, the court rejects, because the fact of correctly entering the initial data to initiate such a banking transaction is in itself withdrawing money from the user’s account cannot reliably confirm the fact that the user contributed to the loss, illegal use of the PIN code or other information that enables payment transactions; in the absence of proper and admissible evidence, doubts and assumptions should be interpreted mainly in favor of the consumer, who is usually the “weak” party in such civil relations agrees with the Supreme Court’s decision of August 16, 2023 in case No. 176/1445/22 (proceedings No. 61-8249св23). The method of defense chosen by the plaintiff is aimed at restoring the violated right and does not contradict the law. Taking into account the above, the court considers the claims to be justified and to be satisfied,” the court emphasized.

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