Privatbank summoned to court

Deposit Insurance Agency demands Crimean deposits from it.
Foundation protection of depositors, almost a month to pay compensation to depositors of the Crimean, filed a lawsuit in a local court to Simferopol Privatbank compensation for their expenses. In the court's decision, according to experts, can not be doubted, but the total compensation fund expenses in question.

On the complaint of protection of depositors of the Fund, the Agency for Deposit Insurance Agent (DIA) for payments in the Crimea and Sevastopol, in Privatbank "Kommersant" said deputy general director of ACB Andrei Melnikov. According to him, the claim for the recovery from Privatbank debt under contracts of bank deposit was filed in the Central District Court of Simferopol to the end of last week. The statement was made by the court on 16 May. Date of court hearing has not been set. The amount of the claim, Mr. Melnikov does not disclose, specifying only that it is small and is calculated based on the actually paid compensations fund. Subsequently, as the processing of compensation claims of depositors amount will increase. According to preliminary estimates the DIA, the total amount of the fund's liabilities to all Crimean investors is estimated at 30-35 billion rubles., Of which Privatbacan come to a half. In Privatbank did not comment on the claim fund, saying only that no notification about it is not received.

Such action fund was to be expected. After foreclosure Crimean depositors of Ukrainian banks on deposits of legal claims he may require recourse to recover their costs of banks. This right is expressly provided for Foundation Law "On Protection of interests of individuals who have deposits in banks, and separate structural subdivisions of banks registered and (or) acting on the territory of the Republic of Crimea ...". But the peculiarity of the situation is that Ukraine is the decision of the Crimean courts do not recognize. According to Ukrainian law on the occupied territories of disputes arising on them, should be resolved in the courts of Kiev. "The Fund is, of course, could have applied and there, but in terms of the ongoing political confrontation expect a positive for yourself solutions Kiev courts Fund could hardly be," - says partner of the company "Yakovlev and Partners" Igor Dubov.

At the same time Ukrainian bank's refusal to comply with the decision of the Crimean court ifIt decreases the chances Fund for compensation payments to depositors on their spending. "The lawsuit in court Crimean - a chance to arrest the first property in the context of an action as an interim measure, then in case of a positive decision of the court to foreclose on it", - points out Mr. Dubov. "If the court decides in our favor, we will be able to foreclose on the property and rights of Privatbank credit requirements in Crimea Subsequently, the property can be sold to the highest bidder." - Confirms Andrey Melnikov.

However, whether the Fund will be able to win even if the court in the Crimean fully recoup their costs - the big question. Earlier, Chairman of the Commission of the State Council of Crimea on the economic, fiscal and investment policy Vitaly Nahlupin stated that "the Crimean branch of Privatbank balance is not very good: the amount of liabilities exceeds the volume of assets" (see "Kommersant" on April 4.). Volume of the loan portfolio Privatbank in the Crimea is not yet known. Sam Privatbank relevant information in the fund is not transferred. In addition, according to the respondents "b" of lawyers, there are questions and forode duties Crimean borrowers pay for loans Privatbank, fund, and not the bank in Ukraine, which by their claims does not refuse. ". There is a legal conflict from the point of view of Russian legislation Crimean borrowers will need to implement the decision of the local court and to repay the loans have to fund, but it is obvious that the very Privatbank not agree with that and Ukrainian legislation is on its side, -. Says lawyer law firm," Justin "Vladimir Pletnev.- Therefore, if the borrower has property outside of the Crimea, Privatbank able to bring it to its recovery, which puts the borrower in a difficult position."

With compensation fund costs by Privatbank network of branches in the Crimea (the largest in the region) also have questions. At the time of the suspension of his career, he had 337 offices, of which almost half was an exchange offices, franchised Privatbank. And its own offices Privatbank fund is almost fully leased to RNCB. Furthermore, even when receiving the property in the property to sell it budet not so simple, experts say. In Crimea mostly out small Russian banks and the network sale of parts may reduce the price of the asset. Large banks fear sanctions. "Everything will depend on what will be, if it is, it is suggested we prefer to import the newly opened offices of all their personally is why I doubt that offices.." Privat "we are interested in how others -. I do not know" - said the representative of one of the Russian banks are already working on a peninsula.

However, according to Andrei Melnikov, it is too early to draw conclusions on whether the fund will thus be able to recoup their costs and to what extent. "We have not yet made an assessment of the property In addition, we have not yet determined to the end and the amount of payments to depositors of applications is yet to collect.." - He recalled.