In the Russian judicial practice of financial skullduggery will be a significant precedent. As Chairman of the Supreme Court of North Ossetia Bek Magometov said at the end of February, the claims of many cheated investors of the Vladikavkaz Dig Bank, which collapsed in the middle of last year, were satisfied in record time in the republic.
Immediately after that it became clear that in the credit institution, in addition to officially registered investors, there was a list of customers whose savings were not held at the checkout. There were more than 1,700 people, and the amount of their deposits exceeded 850 million rubles, but the Deposit Insurance Agency refused to pay them compensation in accordance with general practices. Cheated depositors of Dig-Bank had to seek justice through the court, which demonstrated a rare lightness. "Today, there were considered about 1,500 cases, almost in all cases, the court has satisfied the lawsuits of citizens-depositors of the bank," - said Bek Magometov at a recent meeting of federal and world judges in North Ossetia in 2014.
"The principle of agency is caused by well-known cases when the contribution is aimed at the artificial formation of arrears and, accordingly, the creation of the agency's obligations to pay insurance compensation, bypassing the established procedure and the priority of meeting the claims of creditors established by the legislation on deposit insurance," explains Soslan Kairov, A partner of the National Law Company "Mitra". - Abuse of deposits, unfortunately, is not uncommon. As the judicial practice shows, one availability of a cash receipt is not a proof of the fact of making money to the bank. "
In the opinion of Soslan Kairov, most likely, taking into account the financial documentation of the bank, including the daily analyst, the agency later became convinced of the reality of these contracts, having taken a fair and human procedural position. "The experience of North Ossetia is really unique, to some extent," the lawyer believes. "This is a clear example of the effectiveness of the executive and judicial authorities: on the one hand, the coordination of the actions of the leadership of the republic, providing legal support for depositors and information support, on the other - the speed of trials and the legality of judicial acts."
Materials were taken from “Expert Online”
