Banks will saturdayt courts! - News about real estate, Kiev, Kyiv region. Real Estate In Ukraine

Banks will saturdayt courts! - News about real estate, Kiev, Kyiv region. Real Estate In UkraineThe failure of commercial banks to issue deposits, a rarity at the end of last year, by the end of January became a real problem. According to various estimates, the interruption of payments of funds from deposits, term...Deposit lawlessness. Litigation began for depositors only chance to get his money backThe failure of commercial banks to issue deposits, a rarity at the end of last year, by the end of January became a real problem. According to various estimates, the interruption of payments of funds from deposits expired, there were 15-20 of Ukrainian banks. Explaining the reasons of failures, financiers, usually referred to a lack of money because of rising defaults on loans or payments on external liabilities. However, lawyers claim that extract deposits from banks is quite real, but the recipe for success one to sue.The defectors arrivedProof of the rapid increase of cases of non-repayment of deposits, which has expired, was the intervention of the President last week. "I want to emphasize the inadmissibility of such actions of banking institutions in complex financial situation," the letter said Victor Yushchenko the President of the national Bank, in which he demanded that Volodymyr Stelmakh to take action and punish unscrupulous banks. The NBU does not deny the problem. "If in October–November, customers complained mainly on the ban on early withdrawal of deposits, today is the refusal of banks to return deposits after the deadline. The greatest number of complaints come from customers of the largest banks," — said in an interview with the Director of payment systems Department national Bank of Victor Kravets.As it became known in the beginning of February in non-performing loans deposits were seen Ukrprombank, Prominvestbank Nadra, Rodovid Bank, Bank of regional development, as well as "Kiev", "BIG Energy", "Financial initiative" and some others. At fault financial institutions today are divided into two groups: some just flatly refuse to release the funds, other resort to half measures. "Someone returns the money part, someone offers Bank transfer to transfer to an account at another Bank, and some to take foreign currency deposits in the national currency at the market rate," said the Director of Department of sales of products of retail business of Bank "Finance and Credit" Igor Shevchenko.Refusing to give depositors savings, financiers, as a rule, resort to two excuses. "Banks are faced with reduced income: on the one hand, they have problems with repayment of loans and they have to pay on foreign loans and with investors refusing to renew the Deposit," said analyst of DCH Ivan Uglyanitsa. "From financial institutions arise simply enormous liquidity gap", — added the Chairman of the Board of Terra Bank Sergey Shcherbina.Banks will saturdayt courtsIn, experts claim that even from the Bank, which is in poor condition, you can shake their money. "You need to fully formalize their relationship with a financial institution: each reference should be written and registered, and you must also require written answers. Armed with these documents, you need to go to the lawyers, to make a claim and to sue," said in an interview with the first Deputy Chairman of the Board Partner-Bank Andrey Onistrat. The success and duration of litigation in the first place depends on the type of the Deposit agreement, signed by the depositor. Only two of them: in one case the solution of controversial issues going on in the district courts, and the other arbitration created by the Association of Ukrainian banks. Arbitration courts, according to experts, the least convenient for ordinary depositors. "There is no doubt that the court, established at AUB, will be fully independent when considering a dispute between a Bank and its customer. We are not talking about violations, but the investor should be prepared to delay the process", — said in an interview with managing partner of the law firm "Sokolov & partners Vladyslav Sokolovskyi. "If AUB — organization created by banks — take biased decision, it cannot be challenged. Specifics of arbitral tribunals is that their solution, according to the current legislation cannot be challenged in the appeals court," added his partner of consulting company "Dialog classic" Artem Novikov. Another disadvantage: winning the arbitration court, the victim should apply to the regular district court for writ of execution — it can wait for about a month. "In the end, only the case and the receipt of all required papers may take at least four to five months," explained Mr. Sokolowski.Even longer may take proceedings in the district court, as the Bank will probably use the entire Arsenal of measures to tighten litigation: since absences on the process and delays in providing documents and to appeal after losing a case. According to various estimates, in this case, the trial could last at least six to seven months. Although lawyers often find exits to and from such situations. "We used a fairly simple scheme. The client has issued retroactively loan agreement secured by Bank Deposit with one of the relatives. After which the latter filed a lawsuit on our contributor for non-payment of the loan, and the court made the decision on collecting of this Deposit — a Bank Deposit. After receiving a writ of execution to the write-off required amount the client has returned their money. The Bank is not brought to court as a defendant, and the whole process took about one and a half months", — said the lawyer of one of the Kyiv law firms.Experts claim that the courts are not always included in the plight of the banks, and litigation often not simply allow investors to back, but also earn by incorporating in the statement of claim the requirement for compensation of lost profits. "The easiest way of its calculation is the amount of interest that a depositor could get by posting contributions to any other Bank for that period of time, during which he did not return the Deposit. This amount could be recovered," said the lawyer of law firm "Arzinger & Partners" Natalia Chilicasino.Depositors will pay the NBUIn the coming months, experts predict rapid growth in the number of litigation with the banks. However, it is anticipated that the final word in the confrontation between banks and depositors will tell the national Bank. "The only effective measure of the NBU in respect of banks that do not return deposits, is refinancing. The regulator may its first grant, and then to monitor the proper use of funds", — explained the situation Victor Kravets.However, to be convinced of the expediency of providing such funding will now have not only the NBU and the Cabinet of Ministers, which already from the beginning of February must make its provision more than 14 days. The corresponding decree of the Cabinet of Ministers and the national Bank was taken two weeks ago. "I believe that new rules on the provision of medium-term refinancing will be rolled in the coming weeks. There is no doubt that the growth of unpaid loans and increasing queues of depositors in those banks will be more active still apply for loans from the NBU.

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