Bank Yugra filed an action with the Bank of Russia with the Moscow Arbitration Court. As follows from the file cabinet, the plaintiff demands to recognize illegal the decisions and actions of the Central Bank. The application was registered on July 24. It does not specify which actions of the regulator the bank is contesting.
Recall, July 10, the Bank of Russia introduced in the "Yugra" provisional administration and a moratorium on the satisfaction of creditors' claims because of the threat to the interests of creditors and investors.
On July 19, the Prosecutor General's Office filed a protest against the actions of the Central Bank and demanded that the orders for the temporary administration and the moratorium be abolished, since it considered the bank financially stable. The central bank said that on July 20 sent to the Prosecutor General's Office materials confirming the position of the Bank of Russia in relation to "Ugra."
Previously, representatives of the Central Bank said that they suspect the bank of unreliable reporting, manipulation of deposits and possible withdrawal of assets. The Prosecutor General's Office may accept the reply of the Central Bank or, without agreeing with the arguments of the regulator, apply to the court. The plans of the department are still unknown.
Experts point out that in the current situation, the claim of Ugra looks quite logical, and there is a chance to win the dispute.
"The case with Yugra is unprecedented in itself," notes Alexander Pepelyuk, Senior Lidings lawyer. "In my memory, there were no cases when the Prosecutor General's Office stood up for the bank, and with such patrons the chances of winning increase, especially since the matter before the license was revoked Until it came to this. "
"I believe that Yugra can be requested through the court as interim measures before the court's decision on the merits to suspend the moratorium on meeting creditors' actions and to introduce an interim administration to complete the previously initiated transactions, improve the bank's financial condition and prevent revocation," says Deputy Head of Finexpertiza Natalia Borzova.
However, when considering a dispute in court, the facts of falsification of reports or the use of schemes, if any, may be made public, experts say. "But in this case, top managers do not risk anything, since such facts will in any case be revealed by the interim administration," Mrs. Borzova continues. "But there may be a gain from litigation."
Partner of the law company BGP Litigation Alexander Vaneev on the air of "FM": "I think that the position of the Prosecutor General's Office in this case will also be taken into account. However, in my opinion, the court, most likely, will take an old conservative position - that it can not reconsider the decisions of the Central Bank. If it happens differently, and the court makes a 180-degree turn, this, of course, will give hope to other banks to get out of the difficult situation, but at the same time, naturally, Pandora's box will open. Then, throughout Russia, the legality of the decisions of the Central Bank will begin. What this will lead to, no one can predict. I think that they will simply be afraid to open this Pandora's box in this case. "
As reported by Kommersant, the situation with Yugra negatively affects the assessment of the financial position of other assets of the owner of the bank, Alexei Khotin. The creditor banks of its companies will have to create additional reserves.