In EBV found Ukrainian money

Russians are building a defense based on legal niceties and UPOV on the zero option. Nevertheless, the mere presence of EBV in the accounts of funds belonging to a Ukrainian company, the court had already recognized.

Yesterday was the first real trial of the suit of the Association of Russian investors EBV Vnesheconombank. From a legal point of view, this claim of OAO Trade House Rainbow by Ukreximbank and the Russian state corporation Bank for Development and Foreign Economic Activity (Vnesheconombank). The process has involved the National Bank of Ukraine and the Cabinet of Ministers, and more recently - also Prominvestbank and even the General Prosecutor's Office.

Rainbow - only one of the companies, whose funds lost in the accounts of the Soviet Vnesheconombank after the collapse of the Soviet Union. In the case of successful completion of the trial, after which it will sue the other Ukrainian enterprises.

Until yesterday postponed a hearing on several occasions - that due to lack of instruments, because of the absence of representatives of the parties. Previous meeting, May 21, also did not take place because the judge Hozsuda Kiev Valery Pinchuk somewhere delayed.

This time he appeared, and presented an unpleasant surprise for Moscow. On account on the Web is the means that belong to the plaintiff. What do you still need? To the court showed in detail how they were there? - He summed up, referring to a lawyer of Russian Vnesheconombank Viktor Volkov.

claims Rainbow is $ 3.34 million matching acts of reality, which in 1999 amounted to Ukreximbank, confirmed only the balances of the Firm of $ 334.214 thousand These data confirmed the lawyer at the hearing Ukreximbank Alla Stychova. The rest - this is fine, penalty and interest accrued over the years.

However, Mr. Pinchuk has agreed with the observation of EBV lawyer, who asked for time to once again raise the necessary registers and documents. In addition, he acknowledged moderated to the comments of Mr. Volkov that the plaintiff must submit, even the smallest papers in the case. What can not be used to transmit documents through the office? I have given you an opportunity to prepare properly, - Judge criticized lawyers Association depositors.

Russians are building two lines of defense. Tactical is to use a lot of legal subtleties and contradictions, to recognize claims insignificant. For example, counsel for EBV indicated that he lacks the balance of the transmission, in which the right to foreign currency accounts transferred from the department to the rental company, and later through privatization - to the JSC Trading House Rainbow.

He also argues that the debt per se may not be. Under Russian law, a State may withdraw the money from enterprises, and this is a legitimate operation. Here a classic case where the state-owned enterprise have been deprived of funds, - emphasized Victor Volkov.

Yes, formally opened the account Vnesheconombank economic entities of former USSR. Yes, the foreign currency accounts were frozen, but not to address Vnesheconombank, and to address the body, which at that time at the international level managed assets and the liabilities of the former USSR. In that By the way, and was attended by representatives of the Ukrainian - even on 21 May of that same said Chairman of the Vnesheconombank (Russia) and also chairman of набсовета Prominvest Vladimir Dmitriev.

However, it is unlikely at this point to believe even in VEBe. They have never been documented not confirm that it is the decision of the Government of the Soviet Union to write off money from the accounts of Rainbow , - stressed one of the lawyers present in the hall after the meeting.

More fundamentally, the strategic line of defense building in Moscow. May 21, Mr. Dmitriev said that a solution to the problem seen in the implementation of the zero option. It is called an intergovernmental agreement under which Russia assumes responsibility for the debts of the USSR, and both are entitled to all assets of the former Soviet Union. At the same time removed any claim to the Russian Federation - including debt VEBa.

Such treaties signed with Russia, all former Soviet republics except Ukraine. In 1997, the Verkhovna Rada of Russia wanted to obtain information about the size of the gold and diamond funds, assets State Bank of the USSR, the Soviet Union Gosohrany, Vnesheconombank the USSR and Soviet foreign banks. Of course, these data it has received.

We believe that, ultimately, this problem should be solved in conjunction with the zero option. I know that through our financial institutions that issue on the agenda. The Ukrainian side is the agenda, too, does not obviate … The question of payments to legal persons are here, in Ukraine, hanging in the air. Russia has an agreement with a number of states of the former Soviet Union that they do not make claims to Russia over the frozen accounts of residents of these states, and to commit themselves to resolve these accounts, - told 21 May, Vladimir Dmitriev.

He also noted that the Government of Russia adopted a decree, which required further negotiations with the countries of the former USSR by the position that Russia does not take themselves to the frozen accounts. Every nation, in the opinion of Russia, must independently resolve these relations, - considers the head VEBa.

Russians are serious because they have a vulnerability. EBV from January 2009 is the owner of 75% 3 Prominvest shares, and if the claim is possible imposition of penalties for shares PIBA. In theory, the capital of the bank is just enough to meet nearly all of the claims to VEBu.

In addition, in the case of positive decision, the Economic Court of Kyiv will create a dangerous precedent for EBV. The point is that investors EBV association unites nearly 40 Ukrainian enterprises. The total value of their claims can be assessed at $ 500 million

On the existence of the Association of depositors VEBa first became known in January 2006, then to include companies from various industries - retail, Chimprom, engineering, mining. They have one - in the USSR, these companies served in the Soviet Economy. But during the collapse of the Soviet Union was the expropriation of property. December 31, 1991 decision of the Government of the Russian Federation with all the facilities of the Soviet republics had been blocked and removed.

At that time, Ukrainian businesses are properly Vnesheconombank $ 100 million, while he owed them much more - over $ 600 million in the Association counted a very moderate interest, and in 2006 received a total amount of claims to $ 1 billion today upheld while to the original half a billion.

In 2008, the Association filed in the court. The defendants in the case of elected Ukreximbank - former Ukrainian branch VEBa - and Russia's Vnesheconombank. This allowed the case in Ukraine, not in Moscow, where there would be no chance of success.

When the hearing has been closed, the judge called the third Pinchuk, a failed line of defense of Moscow. I conveyed that you are trying, through my assistant to speak to the judge. So, I'll say - we have such a practice is not - he said, referring to a lawyer VEBa Viktor Volkov.

Association depositors EBV integrates almost 40 Ukrainian enterprises. The total value of their claims can be assessed at $ 500 million

Sergei Lyamets

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