AFK "System" asks to transfer the consideration of the Rosneft claim to another court

AFK System filed a petition to the Bashkiria arbitration court with a request to refer to another court the case of Rosneft’s claim for AFK to recover 170.6 billion rubles of damage that arose, according to the plaintiff, due to the reorganization of Bashneft in 2014, Interfax reports from the courtroom.

In his petition, AFK explains that on August 8, she asked the judge Irina Nurislavamova, who was conducting the case of Rosneft's claim for the system. However, the chairman of the Arbitration Court of Bashkiria, Igor Arsenov, refused to satisfy the application for the allotment. At the same time, contrary to Art. 25 of the APC of the Russian Federation, at the hearing the issue of withdrawal was not discussed, the opinion of the parties was not heard. The discharge statement was considered without the participation of the parties.

"The indicated gross violation of the procedural law infringes the right of the parties to speak and be heard in court, as well as the fundamental principle of proceedings - the consideration of the case with the proper composition of the court. Given the substantiated doubts about the entire composition of the Arbitration Court of the Republic of Bashkortostan, including the chairman of the court, the further consideration of the case by this court is impossible," the AFC believes and asks to transfer to Consideration of another court is the case of Rosneft.

The AFC also stated that the “system” filed a complaint against the illegal actions of the chairman of the Arbitration Court of the Republic of Bashkortostan Arsenov against the chairman of the Supreme Court of the Russian Federation Vyacheslav Lebedev, the deputy chairman of the Supreme Court - the chairman of the Judicial Collegium of Economic Disputes Oleg Sviridenko, to the highest qualification collegium of judges, the head of the presidential department for anti -corruption Olega Olega Bad Chairman of the Arbitration Court of the Ural District Irina Reshetnikova.

On July 20, the "System" already asked for the discharge of Judge Nurislavamova. The petition of the AFC was considered by the deputy chairman of the Bashkiria Arbitration Court, Maxim Bobylev, and then the AFC’s application for the discharge of the judge was refused. Also earlier, the "system" complained about Judge Nurislavamov in a number of instances, including the administration of the President of the Russian Federation.

Recall that from 2005 to 2014, Bashneft was part of the AFK "System" by Vladimir Yevtushenkov, and then was returned to state ownership. In 2016, Rosneft acquired 50.1% of Bashneft shares, paying 329.7 billion rubles for a package. Later, after the offer to the minority, Rosneft began to control 57.7% of the authorized capital of Bashneft.

Rosneft and Bashneft controlled by her filed a lawsuit against the “system” in May 2017. The amount of claims initially amounted to 106.6 billion rubles, but then increased to 170.6 billion. This amount has developed, according to Rosneft, due to the reorganization of the "system" of the Bashkir company in 2014.

At the request of Rosneft for Assets of the System (PJSC MTS, Medsi and BESK), interim measures were imposed for a total of 185 billion rubles, that is, with a margin of almost 15 billion rubles, and, according to the owner of the arrested assets, respectively for 75 billion.

AFK "System" called the lawsuit "Rosneft" unreasonable. The corporation filed a request for the abolition of interim measures, but received a refusal first in the court of Bashkiria, and then in the Court of Appeal in Chelyabinsk. Earlier, the Bashkiria court also refused the AFC in a large number of petitions in this case, and the corporation submits numerous appeals to a higher court.