Asv status of the application with the disagreement of Tatfondbank. DIA refused to pay, what should I do? DIA in social networks

Updated 11/27/2016.

Most bank customers do not even suspect that they may be in a position where they need to prove the presence of a deposit. As often happens, as long as force majeure circumstances do not concern us personally, we are not interested in the situation.

However, very serious events have recently taken place in the banking system, which every depositor should be aware of. In just a month, the Bank of Russia revoked licenses from three banks that had so-called "notebooks", i.e. off-balance sheet deposits. We are talking about LLC CB Miko-Bank, OJSC Joint Stock Commercial Bank Crossinvestbank, JSC Joint Stock Commercial Bank Stella-Bank, whose depositors did not find themselves in the Register for payment of insurance compensation.

Moreover, the scale of fraud is amazing, almost every depositor of these banks either did not find himself in the Register for payments at all, or the amount of insurance compensation due to him was noticeably different from the actual one:

In the case of Miko-Bank, the DIA stated that in general, all depositors of the bank's six additional offices are completely absent from the Register due to the dishonest work of bank employees:

And most importantly, for inclusion in the Register, the DIA sent Miko-Bank depositors straight to court. The DIA's official message to Krossinvestbank's depositors was not much different, where it was also stated that in the absence of data on the deposit in the Register, it is necessary to file a lawsuit in court to establish the composition and amount of claims against the bank.

The DIA statement on Stella-Bank differs somewhat from previous cases, the wording about the need for a trial has disappeared. But the DIA now requires original supporting documents:

A similar situation was with the “notebook” deposits of the Antala Group banks, where the depositors were included in the Register for payments without trial, based on the DIA analysis of supporting documents:

The DIA also demanded original documents from some depositors in Russtroybank (there were no notebooks, though, the DIA fought against fictitious deposits). As a result, the depositor's claims were included in the Register without trial:

True, it cannot be argued that the depositors of Stella-Bank were more fortunate than the depositors of Miko-Bank or Krossinvestbank, we will monitor the situation. In any case, it is not clear why the DIA behaves differently in such similar situations.

There is a very slippery point in providing the DIA with original supporting documents. If for some reason the originals of your supporting documents are lost, and the Bank (read, the DIA in the person of the temporary administration or bankruptcy trustee) refuses to include you in the Register for payment of insurance compensation, then there will simply be nothing to go to court with. Nothing can be proven in court without originals.

According to the feedback of Stella-Bank depositors, DIA employees say that the originals may not be handed over, but in this case you will be refused, and a court decision will be required to be included in the Register:

In general, so far we have the following: the depositors of Miko-Bank and Krossinvestbank were denied inclusion in the Register for insurance indemnity payments after filing an application for disagreement, which they made in the agent bank when trying to receive insurance indemnity. Stella-Bank's depositors are still waiting for action from the DIA.

How to prove the existence of a deposit in court

For many, the situation in which it is necessary to prove the presence of a deposit in court is absurd, because they have all the supporting documents, contracts, receipts, and extracts in their hands. In their opinion, it is already obvious that they are not scammers, but conscientious depositors, and the DIA is obliged to pay them insurance in the amount of 1.4 million rubles, since this right is guaranteed by the state.

However, you still have to prove that you are not a camel. There is no presumption of innocence in civil disputes; the claim that you are a bona fide depositor until someone proves otherwise is false.

Moreover, what is considered sufficient evidence and what is not, only the judge decides, and only for each specific case. Those. a depositor is never 100% sure that he will be able to prove the presence of a deposit, even if he has absolutely all the documents issued by the bank (deposit agreement, receipts, statements, certificates of the presence of a deposit). In addition, according to our legislation, the bank initially does not oblige anyone to put a seal on these documents.

So, what exactly do you need to do to include your requirements in the Register for the payment of insurance compensation.

First of all, you need to file a lawsuit. When drawing up a claim, you should decide on its content and decide to whom specifically to put forward your requirements.

In the statement of claim, it is necessary to indicate the name of the court, the plaintiff and the defendant, write what exactly the violation of rights consists of, the circumstances on which the plaintiff bases his claims, indicating the evidence of his position, the price of the claim and the calculation of claims (you can use), information about pre-trial settlement , if required, and a list of attached documents. The content of the claim must comply with Article 131 of the Civil Procedure Code of the Russian Federation:

A) Responsible - ASV.

The DIA pays insurance compensation in accordance with the Register of bank liabilities to depositors, which is compiled by the bank itself (Article 12 of the Federal Law of December 23, 2003 N 177-FZ (as amended on July 13, 2015) “On insurance of deposits of individuals in banks of the Russian Federation”):

In other words, from the point of view of the law on deposit insurance, the DIA operates within the framework of the law: not in the Register - refusal to pay. Therefore, claims directly to the DIA have very little chance. The Tagansky District Court takes the side of the DIA in almost all cases. You can verify this, for example, GAS "Justice" website. In the "search by cases and judicial acts" section, in the "Subject of the Russian Federation" field, select "Moscow", in the "court name" field - "Tagansky District Court", in the "participant in the process" field, enter "Deposit Insurance Agency", set the period you are interested in and estimate the number of refusals to satisfy claims against the DIA (here is a sample in general for all claims against the DIA, and not just for “notebook deposits”):

An appeal against the decisions of the Tagansky District Court in the Moscow City Court does not bring anything new to the plaintiff, almost always the Moscow City Court refuses to appeal against decisions and supports the position of the DIA.

We go to the website of the Moscow City Court in the section "Information on civil cases considered in the appellate instance of the Moscow City Court". We select the year, in the field "Court of First Instance" we enter "Tagansky District Court", in the field "participants" - "DIA":

However, it is still possible to file a lawsuit against the DIA, there are few winning cases, but they do exist. In this case, when drawing up a claim, the emphasis is on inaction on the part of the DIA, that, for example, it did not request the necessary documents from the bank (from the temporary administration). But, I repeat, in the Tagansky District Court very often decisions are made not in favor of depositors.

The amount of the fee for filing a claim with the DIA can be calculated, for example, on the website of the Moscow City Court in the section "State duty calculator" or directly on the website of the Tagansky District Court. We enter the amount of the claim in the appropriate field and get the amount of the state duty, for example, for a claim of 1.4 million rubles, the state duty will be 15,200 rubles.

Also keep in mind that there are categories of citizens who have benefits when applying to the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace. You can view this information in the Tax Code of the Russian Federation (part two) dated 08/05/2000 N 117-FZ (as amended on 04/05/2016, as amended on 04/13/2016) (as amended and supplemented, entered into force from 05.05.2016), .

B) The defendant is a bank, DIA is a third party.

So, the bank, not the DIA, is to blame for the fact that you are not in the Register, therefore, you need to file a lawsuit against the bank with a non-property requirement to include you in the Register of the bank's obligations to depositors, the DIA will act as a 3rd person.

The claim is filed at the place of registration of the defendant, i.e. bank (in the case of Miko-Bank and Krossinvestbank, a lawsuit is filed with the Simonovsky District Court of Moscow). The state duty on a non-property claim is 300 rubles. It will be possible to track the progress of the claim directly Simonovsky court website .

Actually, this is exactly the option offered by the DIA, issuing a sample statement of claim to depositors who disagree with the amount of insurance compensation:

Please note that in the version of the statement of claim proposed by the DIA, before filing a claim, you need to wait for a negative response to the statement of disagreement with the amount of insurance compensation (it is drawn up directly at the agent bank, copies of the supporting documents you have are attached to it). In fact, you can file a lawsuit immediately after you find out that you are not in the Register, without waiting for a response from the DIA (in Miko-Bank, most depositors received a refusal from the DIA to file a complaint about the amount of the insurance payment, again on the grounds that there is no information about their contributions in the Register, despite the copies of the documents they have provided by the contributors). The procedure for pre-trial settlement of the issue is not mandatory (theoretically, the need for pre-trial settlement can be enshrined in the deposit agreement. However, such agreements, where it would be written that if the license is revoked from the bank and you are not included in the Register of Bank Obligations, the pre-trial procedure for resolving the dispute is necessary, I have not met).

The waiver looks like this:

If suddenly a miracle happens and the DIA pays you an insurance indemnity based on your statement of disagreement with the amount of the insurance indemnity, you can always withdraw your claim.

UPD: 05/13/2016
The Simonovsky court began to return claims with the wording: "the pre-trial procedure for resolving the dispute was not followed." For example, in the deposit agreement "Rozhdestvensky" ("Miko-bank") there is clause 6.1. on the mandatory pre-trial settlement procedure:

True, this item, in my opinion, is far-fetched, the requirement to be included in the Register is not a requirement within the framework of the deposit agreement.

For some depositors, claims were accepted without pre-trial settlement:

You can, of course, appeal the requirement for a pre-trial settlement, but it takes a long time. Still, it’s easier to play “according to the rules of the court” and write a claim to the head of the interim administration demanding to be included in the register, as well as request full information about the cash flow in your accounts. Sample documents can be downloaded below:

Here is the claim filed user with the nickname IYu1982 on the banki.ru portal (thank you very much for this):

Please note that in any case you keep the original documents with you, you attach copies of documents to the statement of claim (one copy for the court, the other for the defendant. If there are more than 1 defendant, then you need to attach additional sets of copies of documents), and you undertake to show the originals directly in court. Statements of claim, respectively, should be according to the number of persons participating in the case (court, defendant, third party). If you will submit the claim in person through the office of the court, then you need to take with you another copy of the statement of claim, on which you will be marked that the claim has been filed. You can also send a claim by registered mail with a description of the attachment and a return receipt.

It is worth noting that there are no two identical situations, so just copying a ready-made statement of claim is pointless, you need to draw up a claim individually for each case.

It should be noted that a non-property claim against a bank has a very serious drawback. Even if you win the court case, and the bank is obliged to include your deposit in the Register of the bank's obligations to depositors, the DIA may still not pay you insurance compensation for quite a long time, since the court did not directly oblige the DIA to pay you insurance. In addition, the bank itself may delay the implementation of the court decision and your inclusion in the Register. In other words, it is extremely difficult to achieve the fulfillment of non-property requirements.

V) The defendants are the bank and the DIA.

It is also possible to file a lawsuit in which the Bank (represented by the temporary administration or the bankruptcy trustee) and the DIA will be co-respondents. Those. In your statement of claim, you ask the bank to include you in the Register, and the DIA to pay you insurance. In this case, the claim can also be filed with the Simonovsky District Court, at the location of one of the defendants (i.e., it is possible to avoid meeting with the Tagansky District Court, where the DIA has “everything under control”). The amount of the fee can also be calculated on the website of the Moscow City Court or directly on the website of the Simonovsky District Court, there you can also print the receipt for the payment of the fee.

If you have both the DIA and the Bank as defendants, then, in the event of a court decision in your favor, it will be faster to return your money, because. the court will oblige the DIA to pay you insurance (in the case of a non-property lawsuit against the bank to include your claims in the Register, the DIA is a third party, and the court will not require anything from the DIA directly).

The variant of the claim, where the DIA and the Bank are co-defendants, can be seen below:

It must be borne in mind that there is no 100% guarantee of winning a case in court, so if any lawyer says that there is nothing to worry about, and he has no doubts about winning, you should at least be wary, but it’s better to look for another lawyer, who can tell you about all the risks. You also need to be patient, prove your case in court and return your money quickly will not work.

By the way, you should not be afraid of a large number of cases lost in disputes with the DIA, the statistics of won and lost cases do not show cases when the depositor's claims ended up in the Register during the course of the trial. Nobody needs negative statistics, especially the DIA, so the rights of the depositor are sometimes satisfied before the official decision of the court.

Everyone must decide for himself whether he can understand the laws and independently participate in the trial. In addition, you need to have enough free time to attend court hearings.

If you decide to resort to the help of professional lawyers (drafting a lawsuit costs about 3-6 thousand rubles, the services of a lawyer with full support of the case - 30-40 thousand rubles), it’s still better to understand the issue yourself a little so that no one hangs noodles on your ears .

Public response

In parallel with the quiet and measured upholding of one's rights in court, one can draw public attention to the problem. To coordinate their actions, the deceived depositors of Miko-Bank, Krossinvestbank, Stella-Bank created a Vkontakte group where you can get important information

Appendix 4
to the Procedure for payment of compensation on deposits
dated August 3, 2006 (Minutes No. 46)
as amended by decisions of the Board of the Agency
dated 13.03.2008 (minutes No. 12),
dated February 14, 2011 (minutes No. 11)

To a state corporation 
"Deposit Insurance Agency"

Statement
on disagreement with the amount of compensation

name of the bank-participant of the deposit insurance system
________________________________________________________________________________
surname, name, patronymic of the applicant

Date, month, year of birth “___” __________________ ______ of the year

Identification document ________________________________________________________________________________

type of document: passport or equivalent document

series ______number ________________ issued by “____” ____________ _____

________________________________________________________________________________

name of the issuing authority

________________________________________________________________________________

Address for mail notifications ________________________________________________________________________________

postal code, country (for international mail notices),

________________________________________________________________________________

republic (krai, region, district), settlement, street, house, building, building, apartment

________________________________________________________________________________

Contact number ______________________________________________________________

In connection with disagreement with the amount of compensation, payable in accordance with the register of bank liabilities, I send additional documents confirming the validity of my requirements:

1.______________________________________________________________________________

2.______________________________________________________________________________

title, date and document number

3.______________________________________________________________________________

title, date and document number

Additional documents are attached.

The list of mutual obligations as of the date of occurrence of the insured event and the calculation of the insurance indemnity are given in the application.

I ask you to consider and report on the results of the consideration.

The list of obligations of the bank to the depositor:

The list of the depositor's obligations to the bank (if any):

The amount of compensation (according to the applicant's calculations): ______ rub. ____________________________ kop.

Additional Information ___________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

______________________________ "_____" _______________ ______ of the year

signature date of signing the application

This section is filled out if:
1) replacement of the identity document of the depositor, according to which a bank deposit (account) agreement has been concluded with the bank; 2) submission of an application for payment of compensation on deposits by a person who is not a depositor of the bank (for example, its representative).
In the first case, additional information includes:
- details of the identity document of the depositor, according to which a bank deposit (account) agreement has been concluded with the bank;
In the second case, indicate:
- Full name of the depositor whose interests are represented by the applicant, the applicant, details of the identity document of the depositor, according to which the bank deposit (account) agreement was concluded with the bank (with the obligatory attachment of the original documents or their notarized copies confirming the applicant's right to apply for the payment of insurance compensation ). The documents submitted by such an applicant must contain information about the details of the identity document of the depositor.

Getting a refund on a deposit in a bankrupt bank is usually not difficult: you wait for the DIA to announce the start of payments, come to the designated agent bank with a passport, fill out an application on the spot and receive insurance in the amount of up to 1.4 million rubles in cash or to your account. But sometimes DIA determines the amount incorrectly. There is a procedure to resolve this situation. filing an application for disagreement with the amount of insurance compensation. Let's figure it out in order.

When do I need to file a disclaimer?

In any case, when you believe that the DIA has incorrectly determined the amount of the insurance payment for your contribution. For example, if you have, and when calculating the payment, your last loan payments are not taken into account. Or DIA calculated insurance at the wrong rate (here is the example of Vneshprombank, which first had a moratorium on the satisfaction of obligations, and then the license was revoked, and the Central Bank officially announced the payment of compensation at the exchange rate on the date of the moratorium - the difference is significant).

note: if the amount of your contribution is more than 1.4 million, and the DIA paid you the maximum insurance of 1.4 million rubles, all other claims regarding the determination of the amount of the bank's obligations must be resolved, and not statements of disagreement.

Procedure for filing an application for disagreement with the amount of deposit insurance

1) Apply to the agent bank to obtain an undisputed DIA part of the insurance.

Some depositors believe that if you withdraw this amount, then nothing can be disputed. This is not true. Upon receipt of the payment, you will be issued an extract from the register of bank obligations and a certificate of the amounts paid and deposits. That is, the bank simply tells you what the balance of your deposit is according to its data and confirms how much it paid you. You do not sign any statement that you have no claims for payment. And, of course, this is your opportunity to get at least part of your money in your hands quickly and without any courts.

2) Fill out and submit an application for disagreement with the amount of deposit insurance.

Submitting an application is free. There is no time limit for applying, but it's better to hurry. There are 2 ways to submit an application - hand over this application against signature to the employees of the agent bank for subsequent transfer to the DIA, or send it yourself by registered mail to the DIA (you can also send a valuable letter with an attachment inventory, be sure to keep the postal receipt and inventory with a postmark). Unfortunately, it is not yet possible to submit a statement of disagreement electronically.

3) DIA submits the statement of disagreement to the bank for consideration.

Term — 10 calendar days from the date of receipt. You can track the status of your application on the DIA website. If the bank recognizes your arguments as justified, it makes changes to the register of obligations and informs the DIA about this. After the registry is updated, the DIA pays you a refund. If after that the issue is not resolved in your favor, you can establish the composition and amount of claims and the reimbursement payable on deposits.

How to fill out an application for disagreement?

1. On the title page indicate the full name of the bank, the current data of the applicant on the passport (full name, date of birth, passport details, address and contact phone number). If the passport has changed, write here the data of the new passport. The applicant may be the contributor himself, heir, representative by proxy.
2. In the list of additional documents can be specified: a copy of the passport, a copy of a notarized power of attorney to apply for payment, a notarized copy of the certificate of the right to inheritance, a notarized copy of the certificate of certification of the powers of the executor of the will, payments for making regular payments on a loan or for replenishing a deposit / account that the DIA did not take into account when calculating the amount of compensation, additional explanations on the merits of the situation or a detailed calculation of the amount of compensation (they can be stated on separate sheets and attached to the statement of disagreement), etc. depending on the situation.
3. In the table "List of obligations of the bank to the depositor" indicate separately for each deposit / bank account agreement how much the bank owes you according to your data. Amounts are indicated in the currency of the obligation, those. if the deposit was in foreign currency, it is not necessary to recalculate it in rubles in this table.
4. In the table "List of depositor's obligations to the bank" indicate your debts to the bank, for example, under a loan agreement. Yet again according to your data and in the currency of the obligation(if the loan was in foreign currency, it does not need to be converted into rubles here).
5. In the line Reimbursement amount based on two tables, you will need to calculate the total amount that you owe DIA in rubles that is, all data from the tables will need to be converted into rubles at the exchange rate of the Central Bank on the date of the insured event.
6. Section Additional Information fill in in case of a change of passport (if the bank has only old data), an application for payment of insurance by an heir, executor of a will or other person (a bankruptcy trustee of a bankrupt depositor, a representative by proxy, etc.).

• when changing a passport - indicate the data of the old passport;
• when applying for an heir, executor of the will - indicate the data of the contributor-testator;
• when contacting a representative by proxy - indicate the data of the depositor.

How to calculate the amount of compensation?

Let's take the data from our completed sample. Suppose that the DIA decided to pay the depositor of Vneshprombank Dostoevsky F.M. RUB 715,374.29 at the exchange rate as of December 22, 2015, the date the moratorium was announced. Contributor Dostoevsky F.M. believes that he should be paid insurance at the rate of 01/21/2016 - the date of revocation of the license. We will not discuss the question of the correctness of this or that rate for payments to Vneshprombank depositors in this article, this is a separate big topic.

“DIA status of a statement of disagreement” - such a query in a search engine can greatly surprise uninterested people, but there is nothing special about it.

The DIA is the Agency responsible for deposit insurance, which provides payments to citizens who are affected by the bankruptcy of a bank.

Statement of disagreement in the DIA

At the beginning of this century, the state corporation DIA was created in Russia, whose task was to insure the finances of citizens-customers of banks.

The procedure was mandatory for all banks without exception and applied to money in open accounts, debit cards and deposits of citizens.

The exceptions are:

1. Accounts of lawyers (notaries and lawyers) opened for their activities.
2. Bearer deposits.
3. Money held in trust by banks.
4. Deposits in branches of Russian banks located in other countries.
5. Electronic money and transfers for which no accounts have been opened.
6. Investments in precious metals.

If a bank's license is revoked, then all the money invested is fully returned to its customers, but in an amount not exceeding 1.4 million rubles.

If the bank is declared bankrupt, depositors who have lost more than 1.4 million rubles will receive the balance after all liquidation procedures have been completed. To receive money, a citizen must submit an application and a passport to the DIA or an agent bank. This must be done during the entire liquidation period.

Note: You can receive both cash and transfer them to another bank account.

Usually, the DIA determines the amount payable on its own, based on the data of the bankrupt bank, but it happens that the amount is determined incorrectly. For example, if a client opened both a debit and a credit card at the bank, but when calculating the amount payable, the last payments on the loan were “lost”. In this case, you must write a statement of disagreement with the amount of payments.

Also, a similar situation may arise due to the difference in the foreign exchange rate on the day of revocation of the license and the day of closing.

For example, during the liquidation of VPB-Bank, on the day the license was revoked, the dollar exchange rate was 60 rubles, on the day the deposit was paid - 58 rubles. When returning a deposit of 100 thousand dollars, the client will lose 200 thousand rubles.
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The procedure for submitting an application will be as follows:

1. First of all, it is necessary to receive an initial insurance payment, the maximum amount of which is 1.4 million rubles. Upon receipt, the DIA issues an account statement with a note on the payment of part of the funds.
2. Fill out an application for disagreement and submit it to the agent bank. This can be done in person or by registered mail.
3. The DIA submits the application for consideration to the bank within 10 calendar days. Consideration takes the same time. If the bank has made a decision in favor of the client, then the correct information is transferred to the DIA within 10 days. DIA makes corrections to the registry within 5 days, informs the client about it and reimburses the correct amount. If the bank refused to satisfy, the client has the right to sue.

How to check the status of an application

The easiest way to find out at what stage the application is, is through the official website of the agency https://www.asv.org.ru.

For this you need:

1. Go to the tab "Deposit insurance" - "Find out the status of the application."
2. Enter the required data: bank name (to be selected from the list), full name, series and passport number.

Take into account: it is important not to forget to click the checkmark next to the item "I agree with the processing of personal data".

After the search, the system will write at what stage the application is. If the system did not find the application at all, it is worth carefully checking the entered data - perhaps an error has crept in somewhere.

DIA or Deposit Insurance Agency allows bank customers not to worry about their own deposits. In case of bankruptcy of the bank, individuals will be returned all their deposits in full. If the amount payable is less than it should be, the client must file a statement of disagreement and demand a review of the amount.

Watch a video explaining how the Deposit Insurance Agency works:

There are different opinions about how justified it is to turn to professional lawyers to protect your rights as a depositor in court, and what is the chance to win a lawsuit against the bank and the DIA. It seems to some that “it makes no sense to sue”, someone, on the contrary, is sure “only in court can you protect your rights”. Of course, the opinion of any person depends on his personality and experience. For a lawyer - from his own experience and confidence, for an ordinary investor - from the information that he owns by virtue of his legal literacy. Opinion also depends on the attitude of a person to the work of professionals. There are those who fundamentally in any situation trying to cope only on their own. But there are those who know the difference between inexperience and the work of professionals. Needless to say, even in the professional media one can hear diametrically opposed statements about the prospects for litigation with the Insurance Agency. And lately, for example, one often hears arguments about the difficulty of fighting DIA in the Tagansky District Court of Moscow.

Well, taking into account many factors, the choice of each individual person is made.

The experience of working on the protection of depositors in various district courts of Moscow and the huge amount of work with the analysis of open judicial practice that we carried out during the current year suggests that there is its own judicial statistics for each type of client cases.

The largest share of lost cases is in the protection of those depositors who carry out the "split" of deposits on the eve of the revocation of a banking license. As a rule, the DIA manages to convince the court to recognize these banking transactions as illegal, and as a result, the plaintiffs are denied inclusion in the payout registry. These cases, as a rule, are lost due to the established judicial practice and the fine-tuned line of defense of the DIA.

However, the main failed category of cases are the very cases when the plaintiff did not involve a lawyer in defending his legitimate interests or involved him, but the latter turned out to be incompetent. Such cases are lost for a variety of reasons, ranging from an incorrectly chosen defense strategy and erroneous references to legislation, ending with a lack of skill in dialogue with the judge and the defendant, as well as a lack of knowledge about the procedural order of the trial. Quite often, the errors of the defense reach the point of absurdity - for example, the necessary petition is not filed, as a result of which evidence is not attached to the case. The result is the same - the loss of the case in court and the lack of chances for a positive result when filing an appeal.

If you try to measure the "average temperature in the hospital", it turns out that there are more cases lost than won. However, here you need to take into account several additional factors that affect the statistics:

• Sometimes when filing a lawsuit in court, the defendant (Insurance Agency), having received a copy of a professionally drawn up statement of claim, without waiting for a loss in court, voluntarily includes the contributor in the register of payments. Some of these claims are withdrawn as a result and do not fall into the general statistics.
• In the judicial system, only a part of the decisions are published in the public domain. And one cannot be sure that positive and negative decisions are published in equal proportions. There is an opinion that cases in which the losing party is the contributor are published more often.
• It is extremely difficult to collect all the cases available in the public domain, since the bases of court decisions are organized in different ways, there are no uniform standards. There are decisions that are almost impossible to find in the electronic archives of courts.
• We do not disclose our own statistics on judicial work to protect bank depositors, but they are much more optimistic than the market average.

Intelligent Legal Assistance

After a thorough examination of court decisions, we divided all cases of depositors into types - depending on the circumstances of the case, taking into account the package of documents, adjusted for the current stage of the bank's liquidation and information about it, depending on the position of the DIA on certain issues of litigation and etc. This allowed us to optimize the templates and forms of documents used in the work, to substantiate each item of depositor protection in accordance with the law, the practice of its application and previous court decisions. We can say for sure that the circumstances of the case and the available documents can affect the tactics of judicial protection in the most significant way. We can protect two different clients of the same bank using a completely different approach. As well as two depositors of different banks, we can defend in a single strategy, using similar arguments in court.

We have our own formulas and puzzles for successful judicial defense in various legal aspects of the case, from which we assemble the right legal constructor for defending in courts. Is such knowledge and legal tools available to depositors without a lawyer or with a general lawyer? Of course not.

Like any other law firm, our own experience does not cover all types of investor litigation. We did not conduct some rare types of cases on our own, but we know the practice, which is reflected in the information bases of the courts. This means that there are types of complex cases that will require additional efforts of qualified lawyers to find a “clue” or apply a non-standard approach in judicial protection. Conditions for such cases are discussed with clients additionally and individually.

As for the most frequent schemes of bank fraud with depositors' money and documents, these are several subtypes:

• the deposit agreement was unlawfully terminated and concluded again for a smaller amount
• debit transactions were falsified on the deposit
• information about the existence of obligations to the client is completely absent in the information system of the bank
• the deposit is initially reflected in the banking system for a smaller amount
• other

Agency work

There is no doubt that the work of the DIA with banks with revoked licenses, in which accounting records are completely or partially falsified and in which some important information has been lost, is time-consuming and difficult. At the same time, it is impossible not to notice the DIA's aggressive judicial protection against depositors, which clearly indicates the Agency's unwillingness to voluntarily part with the money of affected bank customers. The most obvious manifestations of such a policy are those proceedings in which, in the personal absence of the plaintiff (or his representative) in court, at the request of the Agency, cases are safely left without consideration. And this is a lot of those very cases when, due to territorial remoteness, ill health and lack of financial ability, people could not come to court.

In each case, the DIA stubbornly proves that there are no grounds for including claims in the register under absolutely any circumstances in which a bank deposit arises. The court actively uses the procedural and legal errors of ordinary citizens, appeals to their ignorance of the law, etc. In general, representatives of the Agency do everything to prevent the depositor from winning the court case, regardless of the actual circumstances of the case.

Many depositors and their unqualified lawyers eventually tend to accuse the court of being biased, knowingly ruling in favor of the DIA and the bank. We cannot confirm, but, nevertheless, we believe that the desire to accuse the court is connected with the incompetence of the plaintiff's legal defense, which failed to prove the depositor's right to be included in the register. Knowing how the judiciary works, it seems highly unlikely that a court would side with the Agency for any other reason than recognizing that the DIA's defense case is stronger than that of the contributor, given also established jurisprudence.

Key actions of the contributor

• Submit a statement of disagreement with the payment to the DIA (preferably as soon as possible after the payments have begun).
• Wait for a response (or 30 calendar days) from the date of registration of your application in the database of received applications from the DIA.
  Note: You can check the status of your statement of disagreement by following this link:
  https://www.asv.org.ru/insurance/claim/
• If a negative response is received from the Agency, and often it contains such wording: “there are no sufficient grounds for including the applicant’s claims in the register of insurance payments”, “we recommend that you contact the district court at the location of the defendant to resolve the issue of establishing the amount of the bank’s obligations to you in court”, etc. - in this case, you need to file a lawsuit.

A negative response (or the absence of any response within 30 calendar days) is a signal that it is time to start protecting your own interests in court.

It remains for the investor to choose a qualified legal defender who will start work.

Remember, without professional lawyers, you have a ghostly chance of winning in court.

Your legal company "Legal Mill" (Legal Mill).