All people are equal before the law, but some people are more equal than others - that is, apparently, jurisprudence Rossiysyskoy Federation. It is known, for example, that the owners of the bank "Trust" divorced his VIP-savers to big money, inviting them to their collapse to invest in credit-linked notes with (supposedly) an annual yield of 15%. In fact, the owners of the runaway "Trust" Yurov, Belyaev and Fetisov, borrowed money is displayed on the bank's balance sheet, as the capital of the second level, "inflating" it that way for a few billion rubles. As a result, all led to the fact that the owners of credit notes have actually lost money. But not all.
According to "Vedomosti", in a series of judgments on claims of holders of notes bank "Trust", came the verdict in favor of the holder violates the established practice. Even before the reorganization "Trust" offered to customers to shift funds from deposits in its securities - notes, which allowed the bank to increase capital. Such securities the bank sold about 20 billion rubles. And in December 2014 the Central Bank started to finance the bank's recovery, entrusting his "discovery & raquo ;, then "Trust" written-off loans, which provided for the payment of the notes. Since then, the securities holders are trying to return the funds to the courts. Courts until recently unanimously sided with the fugitive bankers.
At the end of April 2016 the St Petersburg City Court examined the appeal of "Trust" and upheld the decision of the court of first instance in favor of the owner of the music of Alexander Sergeyev. Case Sergeeva - only with a positive outcome, an appeal has passed in St. Petersburg, says a representative of the initiative group of owners Oksana Ustyundag notes. Several more cases are in the courts of first instance, but most similar lawsuits appellate court sent the Basmanny Court, who refused to holders of notes, she recalls.
Several holders of recognized "Vedomosti" that waiting for the proceedings Sergeeva - Doctor of Law, head of department at the St. Petersburg branch of the National Research University "Higher School of Economics." In addition, Sergeev - co-author and editor of a textbook on the gazhdanskomu law, several chapters in which at one time wrote the current chairman, Dmitry Medvedev government. In 1987-1990 gg. Medvedev worked as an assistant of the Department of Civil Law Faculty of Leningrad State University, Sergeev at the time was head of the department.
From the definition of Appeal, the court qualified the relations between Sergeyev and the bank as relations on deposit, notes the same - as a cover of the relationship, the bank employees did not notify customers about the risks of cancellation of the notes. The bank had no right to offer notes of qualified investors, as well as the majority of his clients refer precisely to this category is assigned the desired status to them, says the definition of: the bank was preparing documents and signatures of clients without making independent operations in the market.
Sergeyev used all methods of protection provided by civil law and possible in this situation shows head of analytical department law firm "Infraleks" Olga Pleshanova, familiarized himself with the case. Artificial client granting the status of a qualified investor doesDelco imaginary, and sale of music - a sham, covering the relationship of the deposit, it lists the arguments Sergeeva. And for investors, the norms of the law on consumer protection. the bank's actions are not notify customers about the risks and refusing to return the money in terms of the law is an abuse of the right indicates Pleshanova. "It is possible that the competent use of textbook methods of civil protection, as demonstrated by one of the leading Russian scientists jurist, to convince the court," - she concluded.
The same arguments as Sergeyev, was used in the Basmanny court and other holders of notes, whose interests are represented by the law firm Nektorov, Saveliev & Partners), but in their case, the court ruled in favor of the bank. St. Petersburg is the court to conclude that the investor is not informed about the risks was sufficient sales script, says the head of the practice of insolvency and bankruptcy Nektorov, Saveliev & Partners Radik Lotfullin. "In our affairs, this fact is confirmed by the testimony of the five" Trust "employees who are directly engaged in the sale of Coinsitnyh notes. However, the Basmanny Court simply closed his eyes to all of our evidence - depositors were denied the right to fair justice, "- said Lotfullin. For two months he could not get the court's decision, even though by law he must make a decision within five working days, he added.
Sergeyev said that he had received a writ of execution on May 20 and it is not yet implemented. "I hope that the decision will not be reversed by higher authorities", - he says. Sergeev believes in the legality and validity of the decision taken by the court, and believes it can prove the correctness of the holders of loan notes.
"Trust" is studying the court's decision and follow-up has not commented on, said director of legal management of the bank, Sergei Massarsky. Recently, most of the solutions being considered by the courts of first instance essentially imposed in favor of the bank "Trust", he reminds and explains it by the fact that the courts are realistically looking at credit notes as a tool with a high level of profitability, but also with the risk of the loss or all investments.
Each decision onzu notes holders increased spending on sanitation, "Trust", which has already been allocated a total of 127 billion rubles. After a thorough check of the bank exposed new problems, and "Opening" asked the Deposit Insurance Agency (DIA) to increase the amount of credit issued to reorganize. As a result, the ACB decided to hold a second competition for the refurbishment, but without additional money - perhaps a decrease in the rate on the loan.
Sheet music - this is only part of the problem, "Trust", says financier familiar with the situation in the bank: "The task of the sanatorium - 10 years to close the hole in the balance sheet and at the current problems, the amount of credit issued by the DIA and the rate on it is impossible."
Central Bank spokesman declined to comment on events in the operating banks, ACB comments could be obtained.
Meanwhile, the case of "Trust" came to the Supreme Court. June 7 will consider the case of notes holder of Karelia, on the side of which stood the two courts. The Court must decide whether to apply to the case law on the protection of consumers' rights, indicates Ustyundag. On the rules of this law is constructed argumententation many holders of the notes, including Sergeeva. The only thing that does not take into account the rest of the trust "Trust" fuckers - that not all holders of notes of the same are equal before the law, and notes which plays some provincial cello can sound much more profitable from the VIP-savers bursting of a financial institution.