Arbitration of Bashkiria refused to transfer the case of “Rosneft” and AFK “System” to another court


UFA, August 10. /TASS/. Arbitration court of Bashkiria refused AFK “System” in the petition to transfer the case with Rosneft on 170,6 billion rubles. to another court of the same level. This was announced by the judge Irina Nurislamova, the correspondent of TASS from the courtroom.

The defendants believe that their stated 8 Aug recusal “were considered violations of the current legislation” and the current composition of the court is illegal. That is why, in their opinion, “the matter shall be referred to another court of the same level.”

Representatives “Rosneft” and coolcow presented to the court written objections to the statement “the System”. In their opinion, “legal composition of the court in the presence of reason to transfer the case to another court is not.”

Earlier “Rosneft” noted that the petition AFK for recusal, and such complaints are “attacks on the court in the absence of legal arguments”. The plaintiffs believe that such complaints and objections “look like a global pressure on the court and disrespect for the judicial system of the Russian Federation”.

Other instances

“System” July 20, has also filed a motion to recuse a judge, the decision of the Chairman of the court of Bashkortostan had been denied them.

Even earlier, on 19 July, the “System” has informed that has addressed in the Supreme court, the presidential administration of the Russian Federation and other authorities because of the actions of the judge in Nurislamova. The official representative of “the System” Sergey Kopytov has noted that “the order of the trial judge, accept the judge of the decision, including the rejection of all claims of defendants and third parties, except those acting in the interests of the plaintiffs, can not but cause serious doubts in its impartiality”.

Press Secretary of “Rosneft” Mikhail Leontyev was then called “madness” treatment “System” in the presidential administration. In his opinion, the AFC triggers the court, and all its actions are aimed at delaying the process.

The suspension of proceedings denied

The court also refused AFK “System” in the suspension of the proceedings with Rosneft on 170,6 billion.

The representative of “the System” noted that the proceedings in the present case it is necessary to stop prior to the entry into force of the decision of the Zamoskvoretsky district court of Moscow on 24 July. On this day, the court dismissed the claim of “the System” about the cancellation of notarial acts by the assurance of the correspondence of the ex-managers of “Bashneft”. However, the “System” on August 4, filed documents in the Moscow city court to appeal this decision, said the representative of the Corporation.

“Rosneft” considers that the proceedings in the Metropolitan court “does not preclude consideration of the present dispute”.

“Defendants selected a tactic aimed at delaying the litigation. Legal grounds stipulated by the Arbitration procedural code of the Russian Federation to meet this request not available”, – said the representative of the oil company.

The arbitration court of Bashkortostan on 6 June admitted the correspondence of former managers “Bashneft” and “System” on the recovery from the AFC is 170.6 billion rubles of losses. Correspondence, according to the oil company, testifies to deliberate infringement of the legislation and the damage of “Bashneft” in the reorganization of the company. “The system” asks to recognise as illegal and to cancel notarial act on assurance of the correspondence of ex-managers.

The decision on independent expert

Arbitration court of Bashkiria refused to bring the case under the claim of “Rosneft” to AFK “Sistema” is 170.6 billion rubles expert that conducted the audit of “Bashneft”. This decision was made by the judge Nurislamova.

“In the petition to deny,” said she.

During the meeting, the representative of AFK “System” declared that the essence of the claim and the complexity of the process requires special knowledge in the field of Economics and Finance, so you need to enter in the process of an independent forensic expert to give advice. The AFC has proposed to raise the Natalia Golovkina, who conducted the audit of “Bashneft” and signed the conclusion of “Deloitte and Touche CIS” according to the results of audit of consolidated financial statements of Bashneft in 2013-2014.

Representatives of Rosneft and the co-plaintiffs, in turn, objected to the petition.

“Ms. Golovkin has audiofile “Bashneft” and cannot independently and without regard to their former positions to talk about reporting. The petition is not subject to satisfaction”, – they noted.

Dispute “Rosneft” and “System”

In early may, “Rosneft” and affiliated “Bashneft” has submitted to Arbitration court of Bashkiria the claim with the requirement to recover from Sistema and a subsidiary of “Sistema-invest” 106,6 billion rubles of losses caused by Bashneft, according to the plaintiff, as a result of reorganization in 2014. Subsequently, the plaintiffs increased the amount of claims to 170,6 billion rubles taking into account the devaluation of the ruble.

A large part of the loss (57,2 billion roubles) is associated with a loss of 49.4% of shares of “Sistema-invest” transferred AFK “System” in exchange for its shares in Bashneft and other assets (the shares of “Bashkirenergo” and “Ufaorgsintez”). The remaining amount of the loss (RR 36.9 billion) debt write – off “System-invest” before “Bashneft” and the repayment of a 3.9% stake in Bashneft (RUB 12.4 bn), purchased from minority shareholders who disagree with the terms of this transaction.

AFK “System” does not agree with these claims and considers them unfounded, stating the lack of damages. “Rosneft” and the co-plaintiffs in favor of the claim. According to them, proven all of the elements necessary for recovery from ROS damages caused by reorganization of “Bashneft”.

From 2005 to 2014 “Bashneft” was part of the AFK “System” Vladimir Yevtushenkov, after which he was returned to state ownership. In 2016 50,1% of shares of “Bashneft” bought “Rosneft”, paying for a package of 329.7 billion rubles. Later, after the offer to minority shareholders, “Rosneft” began to control 57.7% of the share capital of “Bashneft”.

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