Moscow. July 20. INTERFAX.RU – the Court rejected the “System” in the disqualification of judge Irina Nurislamova on process under the claim “Rosneft” on to the AFC is 170.6 billion rubles, which is held in Ufa, told the correspondent of “Interfax” from the meeting.
Considered the petition AFK for disqualification of a judge, Deputy Chairman of the Arbitration court of Bashkiria Maxim Bobylev.
The representative of “the System” noted that judge Irina Nurislamova, in particular, “unlawfully shifted the burden of proof of damages on the defendants, rendered a decision on the imposition of disproportionate security measures to $ 185 billion rubles, the amount of the claim in is 170.6 billion, is trying to accelerate the proceedings”. In addition, according to the representative of the AFC, “to judge the arguments of the plaintiff are of greater importance than the arguments of defendants, the court hearing the case is biased – all the motions of the plaintiff are satisfied, and not satisfied none of the motions of the defendant”. Also, according to the defendant, the judge “does not even speak to those who want to speak in the third person in the process.” The representative of “the System” also stressed the fact that the judge refused to conduct an economic assessment of the case, “though on such a complex suit of expert opinion is important.”
The representative of “Rosneft” in the court opposed the removal of the judge. In his opinion, “the defendants try to drag out the process, resulting in the court persons who bought shares in the period of the trial, defendants claimed numerous petitions to delay the process, it is proposed unnecessary examination”. The representative of “Rosneft” noted again that “wishing to act as third parties in the process the minority shareholders of “Bashneft” are not its historical shareholders, their actions are directed only to delay the trial”. “The arguments of the ROS are related to the substance taken by the court of procedural acts in the case, the assessment of the procedural actions of the judge that cannot serve as grounds for disqualification of judges”, – said the representative of “Rosneft”.
Earlier “System” has complained to the judge of the Arbitration court of Bashkortostan Nurislamova, disassemble the case on the claim of “Rosneft” and “Bashneft” to the AFC, in a number of instances, including the administration of the President of the Russian Federation.
“Rosneft” intends to recover from the damages of the AFC, which, according to NK, arose as a result of reorganization of Bashkir assets of the “System” in 2014. The initial amount of claims amounted to 106,6 billion rubles, and “Rosneft” counted it in connection with the depreciation of the ruble since the actions that are the subject of a claim before filing a claim. The total amount of the claim was 170.6 billion.
At the request of “Rosneft” in the framework of interim measures at the suit of the arrest of the belonging to the “System” and “System-invest” 31,76% in PJSC “MTS” 100% “meds” and 90,47% “BESK”. According to “Rosneft”, the value of assets seized amounted to 185 billion rubles, that is, with a margin of almost 15 billion rubles.
AFC petitioned for the cancellation of the security, and on granting “Rosneft” counter-security claim “in the same amount, and imposed interim measures on the Respondent”. But the court dismissed those applications.