Putin will order to stop the exodus of bankers abroad

Heads of banks with symptoms of assets transfer won't go too far.
Putin promised the chairman of the Central Bank Elvira Nabiullina that ordered the government and law enforcement agencies to consider limiting travel abroad bank managers with evidence of the withdrawal of assets. Yesterday Nabiullina told the president that is often the cause of the fall of the banks are not economic, and criminal activities, and the bankers themselves often hiding abroad, which brought assets. According to her, 70% of cases when the withdrawal of licenses from banks one of the grounds was a violation of the law on combating money laundering. It is necessary to consider the legislation this topic, called for it: people who do not pay for utilities or traffic fines services abroad may not be released, and "bankers with such huge amounts of debts quietly leave."

The size of transactions with signs of withdrawal of funds from the country decreased (in 2013 - 1.7 trillion rubles, in 2014 -. 800 billion, in 2015 - 500 billion for the first half of 2016 - 110 billion), but there are unique cases, the president said Nabiullina. Some banks took money from citizens and are not recorded in this document, that is. E. Stolen when the received funds. "We can not find it, because in the documents is not reflected," - she said, noting that "put obstacles" only together with law enforcement agencies. "We need to be very careful, of course, so as not to restrict the freedom of people, but you need to ensure that both the state and society, and bank depositors from the criminal manifestations. Let me also give appropriate instructions and government and law enforcement agencies and with you will think, "- said Putin.

Problems of asset stripping and the departure of managers and owners of the collapsed banks abroad, of course, exist, confirms the general director of the Deposit Insurance Agency (DIA), Yuri Isaev: "Coming to the bank as the liquidator, we are faced with the fact that the real value of the assets is very different from the data, provided that the bank regulator. "

Restrictions on travel can be an effective measure, because the lack of inevitability of punishment provokes some people to cheat, Isaev said: "We have a lot of time this issue was raised on all sorts of meetings and discussions, but faced with the fact that the law enforcement system can not close the border for such persons - need court sanction or criminal prosecution. "

In the meantime, the state corporation is on the trail of the missing asset and begins to sue these assets swim farther, continues Isaev.

"For us it is important to as quickly as possible to arrest the assets, - said Isayev. - The London court seized at the request of DIA assets founder Sergey Pugachev IIB, but Russia could not do it: the law does not allow the arrest of third party assets ". For replenishment of the estate should be able to seize the property, even if it is de jure belongs to others, and after, if DIA can not prove that the assets were removed, the property can be unfrozen and their owners compensated for costs, he said.

In December last year, the director of the expert-analytical department of the DIA Julia Medvedev proposed to introduce early warning law enforcement officials about the planned withdrawal of license of a bank: "We have sufficient conceptual apparatus in order to say that there are grounds for criminal prosecution." Must be invented some mechanism impeding departure of bankers - the "red flag" in customs, which will be immediately triggered, it is called.

Law enforcement agencies often initially allow the bankers to freely escape, and then complain about the imperfection of the legislation, said Sergei partner Westside Advisors Vodolagin. "If need an additional measure to limit travel abroad bank managers, then it should be procedurally established, in order to prevent abuse by law enforcement officers. For example, it would be consistent with our legal context an interim measure, which could take the court considering the bankruptcy case of the bank at the request of DIA "- he believes. If the DIA have reason to require attracting controlling person bank to vicarious liability for the obligations of the bank, the court could prohibit the departure of that person abroad to review the relevant application, says Vodolagin, it would be effective, since it would deprive unscrupulous bankers access to derived abroad assets.

Bankers such a prospect is not happy. "At first glance, this is contrary to the Constitution, which guarantees individual freedom of movement. In addition, immediately see the risk that we all put on the same level: some comrades were taken out assets, while others are stuck in the statement, and there is a feeling that the Central Bank will not be the case, separate, because under the concept of asset stripping may fall and lending to related parties and funding of projects of shareholders, and simply unprofitable investments ", - thinks predpravleniya Bank of the top-100.

"It is unclear as to prohibit travel abroad without a court decision, a mechanism may be before found that the withdrawal of assets has been exactly", - said chairman of the board "MDM Bank" Oleg Vyugin, a former first deputy chairman of the Central Bank. Sometimes the Central Bank to revoke the license of the bank is aware of such transactions, and sometimes it all turns already only after the withdrawal, he ponders how to divide the bankers that have not coped with the accepted risk, and those who deliberately asset stripping.

Central Bank spokesman yesterday to questions "Vedomosti" did not respond.