Depositor Bank “Unifin” withdrew $40 thousand, 25 thousand euros and 2.55 million rubles, soon after the Bank lost its license
Photo: TASS, Andrei Makhonin
– The Supreme court (SC) of the Russian Federation explained why he canceled adopted in favor of the Agency on insurance of contributions (ASV) judicial acts on the return to the Bank “Unifin” funds withdrawn by the depositor before the revocation of the license.
“Contrary to the conclusions of the courts, the presence of a Bank of file cabinets can not form a presumption in challenging the transactions of cash bona fide depositors of the Bank. This circumstance is taken into consideration by the court along with other in the study of the typical transactions for a particular credit organization”, – stated in the definition of judicial Board on economic disputes (the system SCAN).
The cassation complaint of this investor – rashita. – granted. Its separate dispute with the ASV which is competitive managing “Unifine”, is directed on new consideration to Arbitration court of Moscow.
The Bank issued money and lost his license
In России06 Mar 2018Вкладчик appealed to the armed forces attempt to challenge the issuance of money before the revocation of the licence bankcity read more
The Central Bank of Russia revoked the license of the “Unifin” February 15, 2016. A few days before this, on February 11, Mr. received at the Bank $40 thousand, 25 thousand euros and 2.55 million rubles.
Once against the Bank filed for bankruptcy, its bankruptcy Trustee (DIA) challenged in court the issuance of funds to the depositor, arguing that he received preferred satisfaction of their claims before other creditors.
However, proceeding from literal interpretation of the provisions of this paragraph stated, the judges of the armed forces, this presumption is applicable only in case of challenging the settlement and other payments, not any operations. “Otherwise would be the application of such disputes a separate low standard of proof to the administrator that does not correspond to the status of ordinary citizens-depositors, which is usually a weakness of the relations”, – stated in the appeal decision (available in the system SCAN, www.scan-interfax.ru).
In the end, as made the sun, the lower courts have put with the basis of their judicial acts is insufficient evidence base. “The use of [this] subparagraph is incorrect, – stated in the appeal decision. – Contrary to the conclusions of the courts, the presence of a Bank of file cabinets can not form a presumption in challenging the transactions of cash bona fide investors”. Studying the question of the typicality of the transaction, the courts should consider this fact in itself, along with others, follows from the document. “However, other circumstances are not established and have not been tested,” said judge sun.
In России26 Mar 2018ВС overturned the decisions of the courts against who withdrew funds vladikoff read more
Under the new dispute ASV with Saifutdinova the court of first instance should consider stated, to properly allocate the burden of proof and determine if acted Bank’s customer with withdrawal of Deposit shall be imposed by the Board of the armed forces.
In its own definition, we present evidence that the depositor did not seek to obtain a preference, knowing about the plight of “Unifin”. The document States that you have received in cash the money to payments for purchased housing R. Saifutdinov put it in a rented Bank Deposit box, and the rest of 600 thousand roubles returned to the account.
Lawsuits like the one facing Sayfutdinov, ASV delivers massively, wrote in early February, the newspaper “Kommersant”. Mass of circuit operations are conducted at more than 150 banks, they involved hundreds of individuals and had been involved over a thousand of their personal accounts, reported in the same period, DIA.
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