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"Case law is ambiguous: the court may order a loan repayment..." Expert comment for "Garant.ru".
31 июля 2019 г.

In December 2015, the Investigative Department of the Russian Ministry of Internal Affairs initiated criminal proceedings under part 4 of article 159 of the Criminal Code for large-scale fraud committed by an organized group (Moscow City Court ruling of 21 January 2019 in case No. 4g/1-462). During the investigation of the criminal case, it was determined that citizens, including from among the managers of one bank, created an organized group with the purpose of stealing the bank's funds by obtaining loans without the intention of returning them. The borrowers were managers of fictitious legal entities who did not actually receive the money. In court, they had to prove that they were nominal heads of organizations and did not conclude loan agreements and surety agreements, and the signatures on all documents were not theirs. However, the analysis of the judicial practice showed that in some cases the judges took the side of the bank - obliged the citizens to pay the sums of money on the credit documents, in other cases the judges refused the claim for recovery of money. Comment by Yunona Sizych, Senior Consultant at the Legal Practice Department of Alliance Legal CG, for Garant.ru.

 Yunona Sizych, Senior Consultant at the Legal Practice Department of Alliance Legal CG
«Гарант.ру»