In the long -term conflict, the first world

After ten years, the lawsuit with the former structures of the Rosneft Yukos, which seemed to have no arguments in its favor, announced the ceasefire and settlement of all claims - in general, not a single party pays compensation. According to Kommersant, the fact is that Rosneft actually had real chances of expanding the situation in their favor and even return a part of $ 1.5 billion already paid to the enemy. However, the reconciliation of ex-50 billion will not affect the much larger requirements of the ex-50 billion.

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Yesterday, Rosneft reported that she entered into an agreement on resolving disputes with 14 companies controlled by the former top managers of Yukos Steve Tidi, Bruce Mizamor, David Godfrey and Armen Mikaelyan. The parties abandoned all mutual claims, terminated “judicial and other disputes” and pledged no more issues related to bankruptcy and liquidation of Yukos. Rosneft emphasized that the agreement does not provide for cash or other payments. The deal was completed on March 31, the parties signed all the documents on the recall of the processes in Holland, England, Russia, the USA and other jurisdictions.

Rosneft played one instance

The representative of the former top managers of Yukos Clara Davidson clarified Kommersant that "the monetary receipts received from the previous proceedings with Rosneft do not fall into this settlement." The ex-managers of the Yukos were already able to get $ 1.5 billion and tried to challenge $ 3 billion. The plaintiffs explained the decision to go to the world on the backdrop of winnings in the courts by the fact that "the probability of success, receipt, judicial costs, time frames were taken into account." One of the sources of Kommersant, familiar with the situation, claims that in fact, Rosneft’s positions in the courts were far from lost and the plaintiffs considered the risks too high against the background of considerable costs of doing business.

The trials of Yukos top managers began in 2006 (by that time, the main assets of the oil company were sold out, Rosneft received control over the majority). Yukos Capital Sarl initiated claims in Russian and international ships against Yuganskneftegaz, Samaranneftegaz and Tomskneft, demanding a return in general more than 20 billion rubles. loans. In Russia, Rosneft basically won. But in 2010, the Supreme Court of the Netherlands recovered from Yuganskneftegaz in favor of Yukos Capital Sarl 12.9 billion rubles, which Rosneft paid. In the English court, the company also obtained from it a percent of 4.6 billion rubles, but this decision appealed. In the District Federal Court for the Southern District of New York, the process of recovering $ 186 million from Samaraneptegaz continued. Former Yukos leaders tried to receive money from Tomskneft (4.35 billion rubles) in France, Ireland, Singapore. In 2014, Yukos International also filed a lawsuit in the Amsterdam district court, demanding compensation for losses of $ 333 million and percent due to the arrest of part of its funds at the request of Rosneft in 2008. Then the company helped out $ 1.2 billion from the sale of 53.7% in Mazeikiu NAFTA and another $ 240 million for 49% of the TRANSPETROL pipeline. In February, the court recognized the freezing of funds "inappropriate", but did not agree with the assessment of the loss of the company.

Why does Russia not want to pay in the Yukos case

The Argumentation of Rosneft has not yet been disclosed in the courts. According to Kommersant's sources, she argued that the former Yukos managers illegally withdrew funds from companies at transfer prices, and then returned in the form of loans. “That is, in fact, these transactions could be recognized as illegal and the questions would have already been to the former leaders of the Yukos,” says one of the interlocutors of Kommersant, who considers the possible success of Rosneft quite real. In this case, another source of Kommersant adds, the company could recover about $ 1.5 billion from the former structures of Yukos. "The chances of Rosneft" to prove that Yukos International did not have the right to sell a share in Mazeikiu Nafta and Transpetrol, the plus of Yukos earned and on the trading of the oil, " explains the interlocutor "Kommersant".

Negotiations on the settlement of disputes began back in 2012, Kommersant sources say, it was about the same conditions as now "and both times the initiative came from the Yukos. “In fact, from the beginning of the proceedings in the courts, nothing has changed for the parties, the time and money (about $ 20 million -“ Kommersant ” ) were simply spent,” one of the interlocutors of Kommersant notes. In his opinion, the parties could go through the courts for at least five years, "the chances of success - even taking into account the political situation - would be approximately equal." Until now, the sources of Kommersant explain, the "political positions" interfered with reconciliation, but now the "leadership of Rosneft" and the country realized that it would be much more profitable for the company. "

Why did the owners of Yukos recognize the victims

But reconciliation did not solve the main problem - with the requirements of Group Menatep Limited (GML) Leonid Nevzlin and other former shareholders of the oil company. At the end of July 2014, the Arbitration Court in The Hague recognized Yukos to be expropriated, estimating the GML losses at $ 50 billion. In early February, Russia appealed, but, according to the sources of Kommersant, "no one is actually engaged in this case." The situation surrounded around last year’s decision of the European Court of Human Rights, which awarded the former shareholders of Yukos € 1.86 billion.

According to Maxim Kulkov from the company "Kulkov, Kolotilov and partners", from public information about the process of proceedings of Yukos structures with Rosneft, it is difficult to evaluate the chances of the parties. “So far, one could say that the situation was more in Yukos,” he said, confirming that the processes could drag on for at least five to seven years. The managing partner of the law firm, Evgeny Zhilin, believes that the proceedings relative to interest and losses were less likely to success than the main lawsuit on Yuganskneftegaz.

Kirill Melnikov, Alena Mikravskaya

The story of the case of Yukos
The main episodes of the Yukos case are in the photo gallery "Kommersant".

"Rosneft" hemmed the case of Yukos