On August 15 assigned to the first session in the Moscow Arbitration court in the case of the Bank "Ugra" against the Central Bank. The financial institution is trying to prove the illegality of the actions of the regulator, which on July 10 introduced a temporary administration and declared a moratorium on payments to creditors, and then revoked her license. Lawyers assessed the prospects of the proceedings.
The lawyer and partner of the law firm "Nechayev & partners" Pavel Nechaev noted that the situation with the "Yugra" today, more questions than answers. "In the Arsenal of the Bank has legal mechanisms (including the appointment and conduct financial, economic and valuation expertise) to prove in court the fact that the credit organisation is financially sustainable and liquid, and the revocation of her license is illegal, says Nechayev. — Recognition of the illegal decisions and actions of the Bank of Russia on introduction of temporary administration and license revocation, "Ugra", in fact, to ascertain the illegality of the payments made to depositors".
The Bank in a dispute with the regulator accepts and partner of the law Bureau "Koblev and partners" Sergei Grishanov, who believes that the "Ugra" reminds the destruction of business as a result of bureaucratic arbitrariness.
"So far, all the accusations of the regulator to address Bank insolvency, the latest evidence of this was to check the auditor "Ugra", — says the managing partner of the legal company "the Renaissance-LEX" Giorgi Khuroshvili. — The auditor of the Bank passed the test of the Federal Treasury, in which requested documents for audit "Yugra". And judging by the press reports, any violations were found. It can serve as an additional argument in favor of the fact that at the time of introduction of temporary administration, the Bank's reporting was accurate, accordingly, there will be additional doubts about the validity of the actions of the regulator".
The main difficulty of this category of cases is the presence of a large array of accounting data, which require advanced study, explains the lawyer of practice on dispute resolution and bankruptcy law firm "Liniya Prava" Roman Kuzmin. It is therefore necessary to look for the most striking errors of the regulator and to detect any blunders, in order to get the court to analyse more in details the facts of the case, the expert adds.
9 Aug former President of the Bank "Ugra" Aleksey Nefedov said that the Central Bank is in a hurry to bring the credit institution to bankruptcy. These actions are an attempt to speed things up and bankrupt financial institution thinks it.