AFK Sistema, which belongs to Vladimir Yevtushenkov, sent a complaint to Judge Irina Nurislamova, the Bashkir Arbitration Court, to the presidential administration, the Supreme Qualification Board of Judges and the Supreme Court, which is in charge of the lawsuit filed by Rosneft against Sistema for 170.6 billion rubles. This follows from the documents of the Supreme Qualification Board of Judges ("Vedomosti" got acquainted with them).
A representative of the AFC confirmed the fact of filing a complaint. "The procedure for the judge to take the decision, the decision taken by the judge, including the rejection of absolutely all the petitions of the defendants and third parties, except for the persons acting in the interests of the plaintiffs, can not but seriously raise doubts about her impartiality and compelled us to file a complaint," he said. Contact with the representative of the Bashkir court on Wednesday evening failed, the secretary Nurislamova did not answer the calls.
According to Sistema, the judge of the Bashkir Arbitration decided to seize the company's property for 250 billion rubles. Without legal grounds (by order of the bailiff, property for 185 billion rubles - 31.76% stake in MTS, 100% of the group of companies "Medsi" and 90.47% of the shares of the Bashkir Electric Grid Company (BESK)) were seized. According to Sistema, Nurislamova held a meeting without audio protocol, shifted to defendants the duty to prove the absence of losses from the reorganization of Bashneft, and also did not give the respondents time to develop a legal position.
In addition, according to the statement of Sistema, Nurislamova did not send an appeal of the defendants to the decision on taking provisional measures in the court of appeal instance within two weeks.
Complaint to failure
The complaint against the judge was submitted to the Supreme Qualification Board of Judges on July 18 at 17.00, even before today's meeting, during which Nurislamova denied Sistema in conducting a judicial financial and economic assessment of the results of the reorganization of the ownership structure of Bashneft in 2014.
"AFC" Sistema "will appeal against this decision of the judge," said company spokesman Sergei Kopytov. A representative of Sistema said in court that the company is ready to pay for an independent examination. The plaintiffs believe that "the defendant is once again trying to confuse the court, appoint unnecessary judicial financial and economic expertise, thereby delaying the litigation."
In the reorganization in 2014, according to the lawsuit filed by Rosneft and Bashneft, Bashneft lost the right to dispose of 49.41% of Sistema-Invest, which owned 25.24% of Bashneft. Because of this, the company lost indirect control over the Bashkir Energy Retail Company (BESK), over the stake in Ufaorgsintez and the dividend rights of Sistema-invest, BESK, Ufaorgsintez, and also lost the opportunity to "participate in their economic activities."
The Sistema's motion states that the book value of Sistema-invest's shares in the reorganization and drawing up of the separation balance sheet was 25 billion rubles. Sistema's debt to Bashneft was estimated at 36.9 billion rubles, while 16.8 billion rubles % Of the shares of Bashneft, transferred to it, - 80.7 billion rubles. According to the plaintiffs' estimates, Sistema-invest shares were worth more - 57.2 billion rubles, which led to losses from reorganization - 12.3 billion rubles., Follows from the petition of Sistema.