Fight against corruption starts with the potential bankrupts

"The Central Bank has revealed large-scale fraud involving illegal asset stripping near commercial banks," - said in mid-January, President Dmitry Medvedev. True, the head of state said that the situation in the financial industry is not affected, but "simply creates an atmosphere of impunity for unlawful acts committed in the banking sector." Same fault in all, the president said corruption in the banking sector. Rather, it is its "direct result". Corruption trail. For the majority of Russian citizens corruption - is primarily bribery. Between these two concepts, many put the sign of identity, although it is not entirely true. Yes, the Latin corruptio translated as "bribery." But as the "damage" as well. Therefore, in addition to the definitions of "corruptibility and venality of officials and public figures" (Ushakov dictionary) is valid and the later "official use his official position for personal gain" from the Great Encyclopedic Dictionary. Quite a fresh determination is fixed by law "On combating corruption" in 2008. Here it is - "abuse of power, bribery, bribe taking, abuse of power, commercial bribery or another unlawful use by an individual of his official position despite the legitimate interests of society and the state in order to benefit." For the banking sector, it is important that corruption - it's not necessarily just a bribe, but the "malpractice" in order to benefit. Because unscrupulous financiers who "sit on the money" is easier to dispense with the counterparty. And the illegal withdrawal of assets so too is an example of corruption, as it implies "abuse of ... contrary to the legitimate interests of society. " And the words of Dmitry Medvedev on corruption in the banking sector may mean that some of the crimes in the financial sector (which until recently was called the crime and can not) may soon begin to qualify it as corrupt. With all its consequences. "The wording of the abuse of power outlined in the Criminal Code, which is fully consistent with the notion of corruption established by the Federal Law" On Combating Corruption "," - said the lead attorney law firm "tax collector" Nikolai Dubrovin. According to him, the law does not provide any special responsibility for the corruption of abuse, but to punish the guilty-GOVERNMENTAL refers to other legislation, including the same Penal Code. "You could say that the legal capacity to prosecute is" - does not preclude Nikolai Dubrovin. In particular, he said, in the Criminal Code exists constitutes a crime, "Abuse of authority." If investigators can bring a criminal case and to prove harm to other persons, persons involved could face up to 10 years in prison. "The final sentence depends on the amount of damages," - says the lawyer. Bully out of the ordinary. To prove the fact of corruption - not an easy thing, not only in banking but also in any other sphere. In the banking environment, this is a hundred times more difficult, because so professionals can build up a deal that even the suspicion of bad faith the fact is very problematic. "Financial crimes, crimes so-called" white collar "high-tech and very difficult to provable, and this spe-Fick is celebrated around the world," - said vice-president of rating agency Moody's Eugene Tarzimanov. According to him, to keep illegal transactions from within a strong service may risk management, because riskoviki not subject to the business units that are responsible for issuing loans. "But in terms of enhancing risk management, we do not see any major improvements, that is, the internal barriers to the implementation of suspicious transactions are not strengthened," - says Tarzimanov. But risk management can not cope, if crimes are committed by managers or owners of the banks. Therefore, such cases are detected only after the withdrawal of a banking license. According to CB, in 2010, were revoked licenses from 28 credit institutions. It is especially more active regulator shown at the end of the year. It was then that were revoked the licenses of five banks within the financial and industrial group controlled by Matthew Urine. Group belonged to the two Moscow banks - Bank of traditions and "Slavic", as well as regional - "Mint House" (Chelyabinsk), Uralfinprombank (Yekaterinburg) and Don Investment Bank (Kamensk Shakhty, Rostov Region). The regulator found that in conventional bank and the bank "Slavic" used the same scheme for the removal of assets. The owners of acquired bank assets taken out of him allegedly for the purchase of securities, but instead acquire another bank. At the moment none of the officials are not officially named the exact number of banks, of which brought the assets of urine. While it is known that they are at least five, but there are versions of the seven. According to estimates of the Central Bank, covokupny negative equity Five banks with revoked licenses is 10.4 billion rubles. In the words of Deputy General Director of Deposit Insurance Agency Andrei Melnikov, a fraud is striking in its scope. That is surprised not only the president but also battered by professionals. At present, the location of the main suspect - Matthew Urine - not known to the authorities. The comment "F." ARB head Garegin Tosunyan said that it was "extraordinary situation" and similar cases in the Russian market was not. According to him, banks have come under long Urine attention to the regulator, which in six months "led" to the group. However, a proactive Central Bank decided only in December, after the incident with the beating of the guards of the former board member of the Urine "Stroytransgaz" citizen of the Netherlands Yorrita Faassena. However, even the keen interest of the Central Bank does not mean that those responsible have no chance to avoid criminal prosecution. "Punishment for the withdrawal of assets is a rarity not only in banking but also in economic activity in general," - says Nikolay Dubrovin. The lawyer explained that, in fact, it is a fraud, but the defense at a resolution of the issue of criminal cases, often refers to the absence of prohibitive norms for asset stripping. "If you call it a fraud, you should have a clear legal basis for such statements. In the meantime, what can be considered wealthy like his defense because of our same laws should not be punished for what is not formally forbidden, "- says the expert. In the interests of business owners. Another no less acute problem - related party transactions, where banks lend to property owners. "Similar operations in the average Russian bank occupy 40-50% of the capital while the norm is 25%. That is, here also there is a clear violation of norms and regulations ", - says Eugene Tarzimanov. The most prominent example of such a violation - The International Industrial Bank, a license who had withdrawn in October last year. However, only in January this year, police launched a criminal investigation into the deliberate bankruptcy of the BCH. Earlier in the interview, "RIA Novosti", the first deputy chairman of the Bank of Russia Gennady Melikyan said that BCH is difficult to call the bank in the classic sense. "It's more like the Treasury certain financial-industrial group. Inside the bank acted in dozens of unique companies that have participated in numerous schemes to move money. In fact, the bank was closed on the group, "- said Melikyan. In particular, at the end of 2009 the scheme was revealed lending, in which BCH has created over hundreds of technology companies with a capital of 10-12 thousand rubles. Their owners were private individuals, citizens of Russia. The bank gave them loans (about 1.5-2 billion) for the purchase of bills of companies from the British Virgin Islands, the ultimate beneficiary of which is the owner of the bank and a member of its board of directors of Senator Sergei Pugachev. For some time the regulator had hopes that the disaster will not happen. "We knew that the shareholders of the bank is actively negotiating a loan granted with several banks. This loan was used to pay debts of the bank. That is, would be removed the principal reason for the revocation of the license and at the same time satisfy the legitimate interests of our clients. But, unfortunately, none of the schemes "not healed" - quoted Gennady Melikyan, "RIA Novosti". Verification of the BCH is not finished yet, the official reason for revocation of license - "a violation of federal law, providing false accounting, the introduction of risk policies and failure to fulfill obligations to creditors." However, the regulator in the fall sent two letters to the Prosecutor General that the actions of Mezhprombank fall under Article 195 "Illegal actions in bankruptcy" and 196 "The deliberate failure" of the Criminal Code. "The actions of the regulator are generally effective, but in some cases, for example, with respect to the BCH, this efficiency was illusory. I do not believe that, given the level of supervision that nothing could be done, "- says the chairman of the Duma Committee on Financial Markets Vladislav Reznik. Excuse to expand the powers. According to Andrei Melnikov, the story of Matthew Banks urine can be a good argument for granting additional powers to the Central Bank. In particular, we are talking about the so-called "reasoned judgments." Earlier, Sergei Ignatiev asked members to provide the Committee of banking supervision of the Central Bank the power to make "reasoned judgments" about the binding of the parties. "And in the Svyaz-Bank, and the" Globex ", and in the EEFC and Mezhprombank was a situation where borrowers have not been formally linked to any bank, nor the owner nor with each other, but in fact much of the credit portfolio was focuses on the business of the same people who owned the bank, "- said the head of the Central Bank. However, the State Duma deputies believe that the Central Bank has already extended the range of their powers. Vladislav Reznik, drew the attention of "F." The situation in the Central Bank on March 26, 2004 № 254-P "On the Required Ratios of Banks", which allows you to paragraph 9.3 of the Central Bank to change the category of quality of the loan, if the regulator does not agree with the assessment that is assigned to the creditor bank. "I believe that the use of" reasoned opinions "is associated with greater risk, since this measure is high corruption component", - said Vladislav Reznik. Many experts also believe that despite the importance of preventive measures, they will not be a panacea, if potential offenders will be assured of impunity. "If a bank wants to do some illegal operation, he certainly does, - says Eugene Tarzimanov. - But it is important to understand the responsibility that comes after the leaders and top managers of such institutions. " So far, according to an expert, often had occasion to observe the almost complete absence of such liability. "Until we establish a normal, civilized legal proceedings until the situation changes in law enforcement, fight against corruption will not bring the desired results", - says the president of the Association of Russian Banks Garegin Tosunyan.