For the first time in modern Russian history, an attempt to force the bank to pay the owner of the money for the bankruptcy may not be successful. Deposit Insurance Agency (DIA) in the High Court in London has demanded more than $ 2 billion to the beneficiary of the largest Russian bank bankrupt IIB - ex-senator from Tuva Sergei Pugachev. The first results are already there - the property of ex-banker arrested worldwide. The result of the proceedings, according to lawyers, to predict early, but in any case, the prospects of the dispute in London is much more obvious than in Russia.
The fact that the beneficiary of financial persecution Industrial Bank Sergey Pugachev entered a new - international - level, "Kommersant" reported by several sources familiar with the situation. According to them, last night he was handed a court order for the arrest of its assets all over the world for the amount of £ 1,171 billion (more than $ 2 billion), issued by the High Court in London on July 11th. "It prohibits Sergei Pugachev alienate, dispose of or reduce the value of assets owned by himself or through third parties throughout the world", - says one of the interlocutors"Kommersant". Third parties who know about this order, also prohibited under pain of severe sanctions contribute to the defendant in his violation, he explains. Moreover, another source indicates "Y", according to this order, by the evening of Friday, Mr. Pugachev must disclose information about the DIA their assets around the world value of £ 10 thousand.
It is ACB, as the bankruptcy trustee IIB, plaintiff in a London court, it is Hogan Lovells. In fact, London's High Court granted the application of DIA on interim measures in support of the claim in Russia about bringing Mr. Pugachev to the vicarious liability of 75 billion rubles. (Along with three predpravleniya BCH in the last three years), sources say "Kommersant". In DIA confirmed this but declined to comment. In fact, what happened in London is launching a process to recover from the beneficiary of the largest Russian bank bankrupt its debt to creditors. According to DIA, June 1, it exceeded 80 billion rubles. Until now, Russia claims to the bankers is the political process in London were not considered. Try andrun this by Sergei Pugachev was undertaken to indicate the sources of "Kommersant". "The papers handed to him about the flower stall in London, he tried to throw them in the trash, however, since the process of delivery of court orders was recorded on video, it did not help - says one of the interlocutors" Kommersant ".- London court found a way to properly notice ".
Until yesterday, the prosecution of Sergei Pugachev for bankruptcy IIB was conducted exclusively in Russia and quite unsuccessfully. By June 1, the creditors could recover only 1.1 billion rubles., While BCH bankruptcy lasts for more than three years. The reason, as previously indicated in the company "Yakovlev and Partners", leading processes in bankruptcy IIB in Russia ships almost complete withdrawal of assets from the bank.
Yielded no results and the attempts of criminal prosecution of Mr. Pugachev. Issued by a court sanction for his arrest were canceled several times, and the ad was filmed in the international search. Recently, however, the decision to arrest in absentia yet been rendered and confirmed by the Moscow City Court, and ex-senator was again under threat of being onbyavlennym the international wanted list.
With treatment DIA in London's High Court the situation, at least with material claims to Mr. Pugachev, may change. There are several reasons. "The decisions of the English Court with no problems are enforced around the world, while for the enforcement of Russian court decisions outside of the Russian Federation should be the presence of inter-country agreements on legal assistance also in this case, can not be excluded and political risks." - Says partner of law firm "Egorov, Puginsky, Afanasiev and partners" Denis Arkhipov.
On the whole, the British justice system more flexible, and judges are often looking for new approaches, which do not always fit in the existing standards - can thus create new case law, he said. "The Russian courts operate on the basis of existing rules, so creating a precedent at the level of first instance is practically impossible," - concludes Mr. Arkhipov. London court is better suited for corporate disputes: where judges evaluate not only the form as the content of the disputed relationship, indicatingie lawyers.
However, costly legal proceedings in London, said the head of a group of international projects Yuri Bortnikov Vegas Lex law firm. According to him, if the Russian forces can do in-house lawyers or hire consultants for 2-3 million rbl., That in London it would cost £ 200-300 thousand. Only at a preliminary stage, but in general, if the process is complex and lengthy -. in the £ 2-3 million, however, given the prospects of the claim, such costs may make sense, experts say. In addition, only one interim measures does not intend to be limited to the DIA. According to "Kommersant", the agency is planning a new trial in London on individual episodes of withdrawal of the bank's assets, indicate sources of "Kommersant". In particular, according to them, we can talk about the transfer of hundreds of millions of dollars to the account of a private bank in Switzerland, providing $ 30 million in an offshore loan companies and use them to actually purchase their private jet and so on.
The official representative Sergey Pugachev last night did not respond to calls on his mobile phone. However, later, after the date numbers, representative of Sergey PugChewa told "Kommersant" that neither the ex-senator nor his lawyers had not received any information about the order of the court of the formal sources.