Are sanctions frightful the Russian economy?

After the annexation of Crimea to Russia, the leaders of many countries, especially Europe and the United States, started talking about the introduction of political and economic sanctions, which should harm the reputation of the state, the Russian economy and signal the disagreement with the policy towards Ukraine. But in fact it was only announced a ban on the entry and arrest of accounts of a number of EU and U.S. officials (who should not have foreign accounts and real estate by law), and businessmen; program of EU (including the introduction of a visa-free regime), NATO and the G8 were suspended; some countries have announced the termination of military cooperation. Sometimes it came to the point of absurdity, when NASA announced the freezing of all contacts with Russia, except for delivering astronauts to the ISS, and military experts from Russia has been said about the impossibility of their visit to NATO headquarters.

The most noticeable were measures against a number of Russian credit institutions, including the Bank of Russia, as well as suspension of card accounts service of their clients by world leading payment systems (Visa and MasterCard); international rating agencies have reconsidered the assessment of key companies’ shares in the country to "negative."

Barack Obama's statement that the U.S. will soon fully meet Europe's demand for energy resources and thereby reduce dependence on supplies from the continent of Russia, was perceived cautiously by the majority of experts.

At present, Russia is the third largest partner of the EU bilateral trade (after the U.S. and China). For Europeans at low rates of growth in their own economies and the more instantaneously from its energy, seems unproductive and unlikely to refuse the results achieved. Such a policy of isolation is not beneficial to all parties.

Sanctions taken had the opposite effect. Russia got down to practical implementation of the national payment system, which initially will be able to cover all the internal settlement and will be protected from external influences; and Chairman of the Federation Council V. I. Matviyenko said about the necessity to developing the establishment of a national rating agency.

Certainly, recent events have made their impact on the Russian economy - there was a drop of the MICEX index, even more pressure is putting on the ruble and inflation, the position of the United States and the European Union in the future deters many potential investors, and trade with neighboring Ukraine for the year will significantly reduce. But there is no point to dramatize the situation: political strife will blow over, and the country will begin to understand that it is necessary to pay more attention to the industrial policy of the state, diversify markets, and develop relations with other countries.

Deposit Insurance Agency will contest transactions with affiliated persons

Deposit Insurance Agency («ASV») offers to amend a law about bankruptcy of credit organizations for the purpose of changing of the approach to challenging of shady transactions, made shortly before the recall of a license by a bank. According to the opinion of the representatives of «ASV», the amendments, which they suggest, will let replenish bankrupt's assets, from which the funds to creditors of a bankrupt bank are disbursed.

According to the Director of Expert and analytical department of «ASV» Julia Medvedeva, as of today, in the pre-bankruptcy period, all Russian banks violate the Article 855 of the Civil Code of the RF, under which in the absence of finances a bank has to satisfy claims according to priority.

In most cases the banks satisfy claims of specific category of customers upon availability of files of defaulted payments and negative capital. It should be noted, that as of today the lion’s share of similar transactions accrues to the reimbursement of interbank credits the day before the recall of a license by a bank. According to words of Medvedeva, sometimes the interbank credit is provided to banks, about which it is known that they are in bad shape, but for which the limit for the attraction of financial resources was not closed for inexplicable reasons. The representatives of «ASV» are of the opinion, that in similar situations the funds within such transactions have to be returned to bankrupt's assets.

It should be noted, that before 2013 the Agency successfully contested similar transactions, however, the situation changed in 2013. The Plenum of the Supreme Arbitration Court stated that «ASV» infringes the rights for business activity of legal entities by its actions (returning funds to bankrupt's assets). Besides that, the Supreme Arbitration Court is of the opinion, that when considering the transactions, made one month before the recall of a license, the evidences, that a client was informed about bankruptcy indicators of a bank, should be offered to «ASV».

In light of recent developments of banking sector, connected with the recall of licenses of credit institutions, the Agency offered to amend a law about bankruptcy of credit organizations.

Proposed amendments have nothing to do with business transactions of a bank and expenses, connected with its functioning (withholding of employees' salaries, taxes etc.). Within new amendments the Agency offers to contest transactions, made with the disturbance of priority in the files of defaulted payments, without preliminary evidences.

Besides that, the Agency offers to contest transactions against banks without files, but having negative capital, and made with interested and informed persons. When considering similar situations the Agency proceeds on the basis that all insiders of a bank are informed about its pre-bankruptcy status, that's exactly why all transactions with affiliated persons will be contested. If a transaction was made with an unaffiliated person, then its/his/her awareness will be proved in court.

The Agency also intends to challenge the scheme of re-crediting in court, when a bank provides a credit for the repayment of already existing one.

According to the opinion of the representatives of ASV, the proposed measures will promote the increase of credit mass and chances for money refund to creditors of the third priority.