Fraudulent withdrawals from bank cards remain one of the most common problems for consumers in Ukraine. According to experts, the key factor in successfully recovering stolen money is the speed and correctness of the victim's actions. This was explained in a comment to RBC-Ukraine by Tatyana Danilenko, head of the Civil Law and Procedure Committee of the Association of Lawyers of Ukraine and head of a law firm. In her words, the client's first steps can be decisive both for the police investigation and for any potential legal dispute with the bank.
First steps: what to do immediately after discovering the charge
The lawyer emphasizes that the algorithm of actions in the first minutes after discovering an unauthorized transaction is strictly defined. First and foremost, it is necessary to block the bank card — this can be done through the mobile application, via the bank's hotline, or at a branch. Next, a written application must be submitted to the bank demanding an investigation into the specific transactions and the return of the withdrawn funds. In parallel, the victim is advised to file a report with the police regarding fraud. Danilenko notes that the time of the application to the bank is, as a rule, recorded in the credit institution's system, and a recording of the phone call with the operator may become important evidence in subsequent proceedings. This is why the lawyer advises keeping all receipts, screenshots of notifications, and recording the date and time of each contact.
Legal basis: who is liable for unauthorized withdrawal
In accordance with the provisions of the Civil Code of Ukraine, only the client themselves can initiate the withdrawal of funds from an account. The bank, in turn, is obliged to properly identify the payer before carrying out any transaction. If a transfer or withdrawal was made by a third party without the account holder's consent, such an action is deemed unjustified. In this case, the bank is obliged to restore the balance on the account and compensate for the damage caused. Tatyana Danilenko draws attention to an important legal nuance: only the presence of circumstances that indisputably prove that the user, by their actions or inaction, contributed to the loss or unauthorized use of the PIN code or other data, is grounds for holding the client civilly liable. In other words, the burden of proving the consumer's fault lies with the bank, not the other way around.
The bank's internal investigation and the procedure for returning funds
After receiving an application from the client, the bank conducts an internal investigation. During this procedure, the credit institution analyzes the circumstances of the transactions, checks the access channels to the account, and assesses whether the card holder was negligent in safeguarding the data. If the results of the internal investigation confirm that the transactions were fraudulent and were not the result of the card owner's actions, the bank is obliged to return the funds. Lawyer Danilenko reminds that in practice the timeframes for such an investigation may vary, however, the client has the right to demand specific timeframes from the bank and a written justification for any refusal.
If the bank refused: a complaint to the NBU and a court appeal
In the event that the bank refuses to return the funds, the lawyer advises not to stop at this stage. The first step should be to appeal the decision to the National Bank of Ukraine. The complaint must be accompanied by all supporting documents: copies of applications, account statements, call recordings, and police orders. If the regulator does not help, the consumer has the full right to file a lawsuit in court, demanding that the bank's actions be deemed unlawful, that the account balance be restored, and that any debt be canceled if it arose as a result of the fraudulent use of credit funds. Importantly, the court considers such cases taking into account the presumption of consumer rights protection.
Exemption from court fees and the expert's final recommendations
The issue of court costs deserves separate attention. According to Tatyana Danilenko, plaintiffs in consumer rights protection disputes are exempt from paying the court fee in accordance with the Law of Ukraine "On Protection of Consumer Rights." This means that the financial burden on the victim when going to court is minimal. To sum up, the lawyer emphasizes: timely and consistent actions without delay are the guarantee of recovering the funds in the future. The faster the client recorded the fact of fraud and contacted the competent authorities, the higher the chances of fully restoring the stolen money and holding the perpetrators accountable.
