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DIA: On consideration of applications for disagreement with the amount of compensation for deposits of CB "Kansky" LLC. How to find out the status of the application for disagreement with the amount of compensation in DIA Sample of filling out the application for disagreement with the amount of compensation

There was a deposit in the bank "Crossinvestbank", he was deprived of a license on 04/11/16. On May 7, 2016, he received insurance compensation from Otkritie Bank (agent bank). I do not agree with the amount of compensation (about 225 thousand rubles). At the same time and there, he filed a statement of disagreement with the DIA, attaching the original documents (contract and 2 PKOs). On the hands of a copy with a bank mark. The bank agent (supposedly) sent the documents to the DIA on May 16 (there is an e-mail response from the bank). DIA has received nothing so far. The DIA refuses to accept the application again due to the lack of original documents. My actions?

Lawyers Answers (4)

Hello, Nikolai Nikolaevich!

In my opinion, no violations have been committed on your part.

At the same time and there, he filed a statement of disagreement with the DIA, attaching the original documents (contract and 2 PKOs).
Nikolai Nikolaevich

Maybe it makes sense to take these documents from the bank and submit them to the DIA on your own, especially since this is provided for by the Procedure for paying compensation on deposits (approved by the decision of the Board of the DIA dated 03.08.2006 No. 46).

Have a question for a lawyer?

As an option, in order not to sit and wait, as they say, by the sea for weather, try filing a complaint on the DIA website. It can be done here

Good afternoon, Nikolay!

I do not agree with the amount of compensation (about 225 thousand rubles).
Nikolai Nikolaevich

In this situation, after the submission of additional documents, the agent bank was obliged to consider them within 10 days and make appropriate changes to the register of the bank's obligations to depositors, as well as inform the DIA.

Federal Law No. 177-FZ of December 23, 2003
(as amended on 07/03/2016)
"On insurance of deposits of individuals in banks of the Russian Federation"

Article 12. Procedure for payment of compensation on deposits
7. If the depositor does not agree with the amount of compensation on deposits to be paid, the Agency invites the depositor to submit additional documents to the Agency confirming the validity of his requirements, and sends them to the bank for consideration. The bank, within 10 calendar days from the date of receipt of these documents, is obliged to consider them and, if the depositor's claims are justified, to make appropriate changes to the register of the bank's obligations to depositors, as well as to send a message to the Agency on the results of consideration of the depositor's claims and on the changes made to the register of the bank's obligations to depositors. contributors .

Since this was not done, you have the right to apply to the court with claims to establish the composition and amount of insurance compensation under the bank deposit agreement in the amount specified by you, to oblige the Agent Bank to include the deposit requirements in the register of obligations to depositors, to recover from the DIA unpaid amount of insurance indemnity under a bank deposit agreement

10. In case of disagreement with the amount of compensation payable on deposits, the depositor, in accordance with the legislation of the Russian Federation, has the right to apply to the court with a claim to establish the composition and amount of the relevant requirements, as well as the compensation payable on deposits.

Please note that such a claim is filed in a court of general jurisdiction.

At the same time, I am attaching an example from judicial practice in a similar case.

In your situation, before going to court, I would recommend checking the status of the statement of disagreement at the following link www.asv.org.ru/insurance/claim/.

After that, the situation should become a little clearer - if there is no information on the application at all, then it turns out that the agent bank really did not transfer (send) your application with a package of documents to the DIA.

If this is indeed confirmed after entering the necessary information on the above link (it will be indicated that nothing was found), then you will need to call the DIA hotline (8-800-200-08-05) and inform the DIA employee of the indicated problem.

If the above actions do not lead to any result (perhaps your problem will be resolved at this stage), then you will have to apply to the court to protect your rights.

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FAQ

According to the law, the Agency pays compensation on deposits from the funds of the compulsory deposit insurance fund. The Fund, in turn, is replenished from the following sources established by law: quarterly contributions from operating banks participating in the system of compulsory deposit insurance; return of funds from the bankruptcy estates of the liquidated banks according to the requirements of the Agency, based on the previously paid insurance indemnity; borrowed funds received from the Bank of Russia as necessary for a period of up to 5 years under a credit line, the maximum amount of which is also adjusted as necessary.

The Agency fulfills all its financial obligations to depositors and agent banks, which, as a rule, advance insurance payments for up to 3 months with their own funds, in a timely manner and in full.

The main financial indicators of the Agency are published on a quarterly basis on the Agency's website www.asv.org.ru in the section "About the Agency / Activity Reports". In accordance with the latest published financial statements, as of April 1, 2016, the balance sheet size of the Fund was 32.2 billion rubles, the credit line of the Bank of Russia was 420 billion rubles.

2. To the question of the existence of a database of "off-balance" accounting of deposits.

The provisional administration for the management of the Bank discovered, in addition to the main ABS, in which official accounting was maintained and reports were generated, also fragments of additional databases, which indicate the organization by the former management of the Bank of off-system accounting of a part of attracted funds. The register of bank liabilities for which payments are made was formed according to official accounting data. When considering incoming statements of disagreement, in order to make a decision on the possibility of restoring deposits in accounting, the Agency compares the amounts and details of the accounts contained in the documents submitted by the depositors and those reflected in all currently available information bases, the signatures of the depositors on the documents are verified, other analytical work is carried out, in including in order to prevent the risk of paying insurance on fictitious deposits. A conclusion about the degree of reliability and completeness of the Bank's accounting data available can be made based on the results of such an analysis.

3. On the issue of the number of accepted applications, the speed of their processing in the Agency and the procedure for interaction between the DIA and the agent bank (PJSC Sberbank).

Acceptance of applications from depositors who do not agree with the amount of insurance compensation is carried out in accordance with the established procedure through the agent bank of Sberbank PJSC. All issues of DIA interaction with the agent bank, including the procedure for weekly transfer of accepted statements of disagreement and documents to the Agency, are regulated by the agency agreement, the general terms of which (Procedure for the participation of the agent bank in the payment of insurance compensation) are published on the Agency's website in the "Regulatory documents/Deposit insurance”.

Currently (as of August 22, 2016), the agent bank has accepted applications from 31,000 depositors, of which 17,500 depositors have received applications from the DIA, 12,000 have been duly registered as incoming correspondence, of which for 7,377 thousand depositors, the applications were considered on the merits and sent to the temporary administration of the Bank, which has the exclusive right at this stage to make decisions on changing the register of insurance payments, with a request for the restoration of deposits in full of the stated requirements. For 5.3 thousand depositors, decisions on the restoration of deposits and adjustment of the register were made by the provisional administration, these depositors were invited (by sending SMS messages) for payments to the agent bank.

Summary information on the status of acceptance and consideration of applications from 08/16/2016 is updated daily on the page "Insured events / Arksbank" of the official website of the DIA. Currently, the Agency processes an average of about 1,000 applications per day. Each depositor can receive information about the registration and processing status of his application through a specially developed service "Find out the status of a statement of disagreement" http://www.asv.org.ru/insurance/insurance_cases/arksbank/claim.php, the link to which is located on the same page of the Agency's website. A separate page of the service contains examples of service messages and comments necessary for their understanding. In the absence of access to the site, the depositor can obtain information from this service by calling the "hot line" DIA 8-800-200-0805, informing the operator of his full name, series and passport number.

4. On the issue of the procedure for processing by the Agency of applications for disagreement with the amount of insurance compensation for deposits in Arksbank JSC and compliance with the principle of calendar order.

Documents accepted by the agent bank and having a 32-digit registration number (for example, 1234567-H-123456789012-08/02/2016, where 08/02/2016 is the date the application was received by the agent bank) are received by the DIA in batches (portions) twice a week. Registration of such documents in the DIA with the assignment of an internal registration number and date (for example, 12345-1 dated 08/08/2016), as well as with the creation of electronic images (scanning) of all documents, is carried out within each batch received in the order of the calendar order of acceptance of applications by the agent bank . Documents registered in this way are submitted for consideration on the merits to a special subdivision of the DIA and are also considered in the calendar order of their acceptance by the agent bank. If among the registered applications all documents of the same date of acceptance by the agent bank are considered, then documents of the next calendar date may be considered. As of August 19, 2016, applications received by the agent bank on the day of the start of payments, August 2, 2016, are being considered.

5. Regarding the deadlines for completing the processing of applications.

Based on the processing speed of already received applications (about 1000 per day), it is planned to complete their consideration in about 1.5 months after the start of payments. At the same time, it is not possible to determine the date of completion of the restoration in the accounting of all deposits, since at present it is not known for certain how many applications will be received in the future, and also which part of the depositors will submit supporting documents not for the entire amount of claims.

6. On the payment of compensation to persons who did not submit part of the supporting documents.

At present, the decision to amend the register and pay insurance compensation is made on the basis of settlement documents submitted by depositors (copies of incoming cash orders and payment orders) and account statements. In the event that not all receipts of funds to the account are confirmed by the submitted documents, the deposit will be restored and the reimbursement will be paid within the amount confirmed by documents, unless a different procedure for considering the requirements of depositors is established.

7. On the payment of interest on deposits.

Interest due to the depositor is also calculated on the deposits restored in accounting at the rates stipulated by the terms of the agreements for the period up to the date of revocation of the license from the Bank. The indicated interest is included in the calculation of the insurance indemnity.

8. On compensation to depositors for lost profits due to the need to restore deposits in accounting.

The payment of compensation on deposits in the Bank was started by the Agency 14 days after the occurrence of the insured event, which is in accordance with the Federal Law "On Insurance of Deposits of Individuals in Banks of the Russian Federation". Payment in accordance with the register is always carried out within three business days after the depositor applies to the agent bank. As the Agency considers applications and agrees with the temporary administration of the Bank, the register reflects the restored amounts of deposits, for which additional insurance compensation can be received within the established time frame. The law provides for the Agency's liability for delays due to its fault in paying the agreed amount of compensation.

Thus, the Agency complies with the statutory requirements for the terms and amounts of payment of insurance compensation.


9. Why are applications for disagreement with the amount of compensation for deposits in Arksbank (JSC) not accepted at the offices of the Deposit Insurance Agency, but only at the branches of the agent bank?

The Deposit Insurance Agency does not have its own operational offices, as well as the technical and human resources to receive and process a significant amount of documents. This function, on the basis of the Agency Agreement, is assigned to PJSC SBERBANK, more than 300 divisions of which will receive these applications and send them to the Agency.

10. When filling out an application for disagreement with the amount of compensation for deposits in Arksbank JSC, I did not attach all the supporting documents (one of the incoming cash orders). How can I submit the missing document to the Agency?

In case of submission to the Agency of an incomplete package of primary bank documents confirming the amount of claims, the depositor can re-apply to the agent bank, where another statement of disagreement will be issued, to which the missing documents must be attached. Also, these documents can be sent to the Agency by mail (109240, Moscow, Vysotsky str., 4).

11. Statement of disagreement regarding JSC "Arksbank" issued by Sberbank on 02.08.2016. Only one application has been submitted. Why does the service “For Arksbank depositors: find out the status of a statement of disagreement” display three statements with different numbers at once?

While the service is at the stage of trial operation, in response to a user request, along with the registration number of the original application, the registration numbers of "draft" applications with their unique registration numbers, which the agent bank operator created during the dialogue with the depositor, but did not delete, can also be seen from the system. Such “drafts” do not exist on paper and are visible only in the service, the application is registered in the DIA after it is received from the agent bank in the original, therefore, “drafts” do not affect the process of further consideration of the application. The error in the service has been localized, and the automation services of the agent bank are fixing the data. After adjusting the "drafts" will not be visible.

12. Where to apply to receive insurance compensation?

Before the date of commencement of payments, the Deposit Insurance Agency will post on its website on the Internet an official announcement for depositors about the places, time, form and procedure for accepting applications for insurance compensation indicating the agent bank, and will also send an announcement for publication in the Bulletin of the Bank of Russia ”, to the printed organ at the location of the bank.

13. What is the amount of compensation for bank deposits?

14. Does insurance cover funds deposited on debit bank cards (including salary cards)?

15. In what currency is the refund made?

16. What documents are required to receive reimbursement of deposits?

17. Where can I get the application form?

For VPB Bank (JSC) depositors: find out the status of the application for disagreement with the amount of compensation

This service is intended for VPB Bank (JSC) depositors who have filed a statement of disagreement with the amount of insurance compensation (with supporting documents attached) in one of the authorized agent banks for transfer to the DIA or have independently sent an application to the DIA by mail.

The depositor has access to information about the acceptance of the application by the agent bank (data is updated weekly), about the registration in the DIA of the application received from the agent bank or by mail (data is updated the next day), about the start of consideration of the application (data is updated daily), about making changes to the register of bank liabilities based on the results of consideration of the application or on other grounds (the data is updated when the agent bank accepts the changes made to the register) or sending a written refusal to the depositor to make such changes (the data is updated daily), on the DIA's comments to the application. Service Response Examples

To get information about the stage of processing the application is at, the contributor needs to fill out the on-screen form, indicating their Surname, First Name (in full), as well as the series and number of the passport. To protect the system from automatic viewing, a special pattern is used with symbols that must also be entered. The data is provided in full compliance of the mandatory details entered by the investor with the information available in the DIA electronic document management system.

In the event that the application for disagreement is executed in the agent bank by the REPRESENTATIVE of the depositor, such representative can receive information about the fact of acceptance of the application by the agent bank by indicating the full name and passport data of the REPRESENTATIVE in the on-screen form. To track the further passage of documents, it is necessary to enter the data of the INVESTOR.

The procedure for resolving disputes on the amount of compensation on deposits is established by part 7 of article 12 of the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" (hereinafter - Law No. 177 - FZ) and section 8 of the Procedure for payment of compensation on deposits.

The grounds for making changes to the register are established by part 2 of article 30 of Law No. 177-FZ.

Address for sending questions and suggestions on the functioning of the service:

A warning. In accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, the Agency informs that electronic appeals of citizens and responses to them sent via the Internet are transmitted via insecure communication channels. The Agency is not responsible for maintaining the confidentiality of data when they are transmitted via the Internet.

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How can I receive insurance compensation?

You can read the answers to this and other questions about insured events and payments in the "Deposit Insurance/Questions and Answers" section.

How can I repay the loan?

Information about bank details, as well as contact persons for issues related to loan repayment, you can find in the "Loan repayment" section.

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FAQ

1. On the issue of forming a register of the Bank's obligations to depositors (hereinafter referred to as the Register).

The payment of insurance indemnity is carried out in accordance with the Register, which was formed by the provisional administration for the management of the Bank (hereinafter referred to as the provisional administration of the Bank) from fragments of credentials and a test register as of 30.08.2016 in the absence of an up-to-date automated banking system (ABS) and banking documentation, which were not transferred to it by the former management of the Bank. In addition, the Bank revealed signs of fraudulent actions with deposits, as a result of which, in the period from January to August 2016, at the Bank's head office from more than 5 thousand accounts (including those opened in additional offices) without the knowledge of depositors, at least RUB 6.3 billion In this regard, the size of a part of deposits in the Register is significantly underestimated in relation to the real size of the bank's liabilities.

Information about these facts, which have signs of criminal acts, was sent by the temporary administration of the Bank to law enforcement agencies for the adoption of appropriate procedural decisions.

In order to establish the fictitiousness of debit transactions on accounts from which the Bank could have made unauthorized debits, the Agency suggested that the owners of such accounts personally apply to the temporary administration of the Bank and fill out a special form of written confirmation of the absence of the fact that they had withdrawn funds from the Bank's cash desk.

As the real amount of the Bank's obligations to depositors is established on the basis of the primary banking documents submitted by them, changes are made to the register and an additional payment of insurance compensation is made.

2. On the issue of the number of accepted applications, the speed of their processing in the Agency and the procedure for interaction between the Agency and the agent bank.

Acceptance of applications from depositors who do not agree with the amount of insurance compensation is carried out in accordance with the established procedure through the agent banks VTB 24 (PJSC), Rosselkhozbank JSC and RNKB Bank (PJSC). All issues of the Agency's interaction with agent banks, including the procedure for the weekly transfer of accepted statements of disagreement and documents to the Agency, are regulated by the agency agreement, the general terms of which are published on the Agency's website in the "Regulatory Documents/Deposit Insurance" section.

Currently (as of November 28, 2016), agent banks have accepted applications from 8,762 depositors. In addition, the provisional administration of the Bank accepted 3,843 statements about the fictitiousness of debit cash transactions made at the cash desk of the Bank's head office.

Summary information on the status of acceptance and consideration of applications is updated daily on the page "Insured events / "VPB" Bank (JSC)" of the official website of the Agency. Each contributor can receive information about the status of processing his application through a special service "Find out the status of a statement of disagreement", a link to which is located on the same page of the Agency's website. If there is no access to the Internet, the depositor can obtain information from this service by calling the DIA hotline 8-800-200-0805, informing the operator of his full name, series and passport number.

3. Regarding the timing of the completion of the processing of applications.

Taking into account the lack of an up-to-date ABS and the identification of several types of fraudulent actions of the Bank, making decisions on the restoration of the real amount of deposits requires an individual approach, and therefore takes a lot of time. It is not possible to determine the date of completion of restoration in accounting for all contributions. At the same time, the Agency makes every effort to complete the main part of the work on inclusion in the Register of additionally established amounts of insurance compensation by December 31, 2016.

4. On the payment of compensation to persons who did not submit part of the supporting documents.

Currently, the decision to make changes to the Register and pay out insurance compensation is made on the basis of settlement documents submitted by depositors (copies of incoming cash orders and payment orders) and account statements. In the event that not all receipts of funds to the account are confirmed by the submitted documents, the deposit will be restored and the payment of compensation will be made within the amount confirmed by documents, unless a different procedure for considering the requirements of depositors is subsequently established.

5. On the payment of interest on deposits.

The Agency, together with the provisional administration of the Bank, is working on calculating interest on depositors' accounts using documents submitted by depositors, fragments of credentials and a test register as of 08/30/2016 in the absence of up-to-date ABS and banking documentation. The missing supporting documents may be submitted by the depositors to the Agency or to the agent bank at any time. At the first stage, it is planned to establish the amount of the Bank's principal debt to depositors, at the second - interest on deposits. No additional applications or documents are required to be sent to the Agency to receive reimbursement of interest.

6. On compensation to depositors for lost profits due to the need to restore deposits in accounting.

The payment of compensation on deposits in the Bank was started by the Agency 14 days after the occurrence of the insured event, which is in accordance with the Federal Law "On Insurance of Deposits of Individuals in Banks of the Russian Federation". Payment in accordance with the current version of the Register is always carried out within three business days after the depositor applies to the agent bank. For depositors who do not agree with the amount of compensation, the Agency analyzes the documents submitted by them, on the basis of which the provisional administration of the Bank makes decisions on restoring the real amount of deposits and making changes to the Register, for which additional insurance compensation can be received within the established time limits. The law provides for the liability of the Agency for the delay due to its fault in payment only in part agreed(between the bank and the depositor) the amount of compensation.

7. Why are applications for disagreement with the amount of compensation for deposits in VPB Bank (JSC) not accepted at the Agency's offices, but only at branches of the agent bank?

The agency is currently considering applications from depositors of several banks at the same time, in which mass violations were revealed. Taking into account the significant volume of documents and the separation of the logistics of their acceptance, the Agency assigned the functions of reception to agent banks, which have numerous operational offices, as well as appropriate technical and personnel capabilities. For VPB Bank (JSC), the functions of agent banks on the basis of the Agency Agreement are assigned to VTB 24 (PJSC), Rosselkhozbank JSC and RNKB Bank (PJSC), about 400 divisions of which accept these applications and send them to the Agency.

In addition, employees of agent banks establish the identity of depositors and certify copies of submitted documents confirming their requirements.

8. When filling out an application for disagreement with the amount of compensation for deposits in the Bank "VPB" (JSC), the depositor did not attach all the supporting documents (one of the incoming cash orders). How can the missing document be submitted to the Agency?

In the event that an incomplete package of documents confirming the amount of claims is submitted to the Agency, the depositor may re-apply to the agent bank, provide the originals of additional documents to the agent bank employee, who will copy them, certify that the copy is true to the original and attach copies of the documents to the application. If notarized copies of additional documents are provided to the agent bank, the agent bank will attach them to the statement of disagreement.

In addition, originals or notarized copies of additional documents can be sent to the Agency by mail (address: 109240, Moscow, Vysotskogo street, 4).

9. What is the amount of compensation for bank deposits?

Insurance indemnity is paid to each depositor in the amount of 100% of the sum of all deposits (accounts) in the bank, including interest on deposits (accounts) capitalized as of the date of the insured event, but in total no more than 1.4 million rubles.

10. Does insurance cover funds deposited on debit bank cards (including salary cards)?

Funds on debit cards are funds placed on current accounts of individuals opened for settlements using bank cards. Accounts are opened on the basis of a bank account agreement, which is usually part of an agreement for issuing and servicing a card. As a rule, such an agreement is concluded by signing by the depositor an application for opening a card, which is an acceptance of some public rules for servicing cards posted by the bank on the website. Funds placed by a depositor or in his favor on the basis of a bank deposit or bank account agreement are considered a deposit in the terminology of the deposit insurance law. Funds on bank cards are not included in the list of exceptions. So they are insured.

11. In what currency is the refund made?

Payment of compensation on deposits is made in rubles. If the deposit is placed in a foreign currency, the amount of compensation for deposits is calculated in rubles at the exchange rate established by the Bank of Russia on the day of the insured event.

12. What documents are required to receive reimbursement of deposits?

  • Application in the form determined by the Agency
  • Identity document used to open a bank deposit

13. Where can I get the application form?

The application form can be obtained and filled out at the office of the agent bank or downloaded here

14. Layout of the point for receiving applications from depositors of VPB Bank (JSC) (NOTA-bank PJSC):

What to do if you do not agree with the insurance payment on the deposit

The procedure for resolving disagreements on the amount of insurance payment on deposits is prescribed in the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" (part 7, article 12).

If the depositor does not agree with the amount of the insurance indemnity, then he must apply with a corresponding application to the Deposit Insurance Agency (DIA). Documents confirming the requirements of the depositor must be attached to the application. For example, a deposit/account agreement, receipt orders and account statements, court decisions, etc. The application form can be found on the DIA website in the "Deposit Insurance" section in the "Document Forms" subsection. An application with documents must be handed over to an employee of an authorized agent bank that makes insurance payments, or sent by mail to the DIA address.

After that, the DIA, no later than ten working days following the day of receipt of the documents, sends them to the bank for consideration. Further, the credit institution is given ten calendar days to make a decision on making changes to the register of the bank's obligations to depositors. Within the same period, the bank must inform the DIA about the results of the consideration of the depositor's claims and about the changes made to the register, if there were grounds for that. After receiving a response from the bank, the DIA notifies the depositor of the results no later than five working days. If the bank has accepted the requirements of the depositor, then the DIA pays the agreed amount of compensation to the latter. If the depositor is refused, then he has the right to apply to the court with a claim.

To find out information about the stage of consideration of an application for disagreement with the amount of insurance payment, the service posted on the DIA website will help. It is located in the "Find out the status of the statement of disagreement" subsection of the "Deposit insurance" section. Here you will need to fill out a form, indicating in it your full name, passport details and the name of the bank. The service monitors the status of applications registered with the DIA since September 1, 2014.

It is important to pay attention to the fact that if the depositor's requirements to the bank are higher than the insurance amount established by law, then the payment of the amount exceeding the insurance coverage will be carried out as part of the bankruptcy proceedings, and in this case it is not necessary to fill out an application for disagreement with the amount of compensation.

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01/30/2018 \ Financial sector news

By orders of the Bank of Russia dated December 13, 2017, the banking license of the credit institution CB Kansky LLC was revoked and a temporary administration was appointed to manage the credit institution.

Since December 26, 2017, the State Corporation "Deposit Insurance Agency" has been paying insurance compensation to bank depositors through PJSC Sberbank (agent bank). During this time, insurance compensation in the amount of 1.63 billion rubles. 3.2 thousand depositors were paid out, which amounted to 90.1% of the Agency's insurance liability.

At the same time, during the formation of the register of the bank's obligations to depositors by the temporary administration, which includes employees of the Agency, facts of unauthorized debiting of funds (in whole or in part) from the accounts (deposits) of individuals, as well as operations to receive funds without crediting to accounts (deposits) of the entire deposit amount or part of it. Incoming and outgoing cash documents were found that did not have the signature of the depositor, other gross violations of the procedure for accounting for transactions with deposits were revealed.

In addition, the bank's management, in violation of the requirements of the law, did not fully transfer primary banking documents and an electronic database on the bank's operations to the provisional administration.

On January 5, 2018, on the computer of one of the bank employees, the Provisional Administration found a file with a spreadsheet containing unsystematized information about about 800 depositors and the amounts of money allegedly debited from the accounts of depositors without their instructions, or not credited to their accounts. There is no information about these operations in the accounting system (balance sheet) of the bank.

The specified table, taking into account the explanations of the bank employees about the origin of the information contained in it and the reasons for their absence in the balance sheet, will be used when considering applications received from depositors on disagreement with the amount of insurance compensation for deposits (accounts) in conjunction with the documents submitted by them confirming the amount of the deposit , and documents found in the bank. The amount of obligations to depositors will be established on the basis of documents submitted by them confirming the size of the deposit (account), as well as information and documents found in the bank. If necessary, the Agency will conduct special studies, examination of documents, surveys of depositors.

At present, the interim administration appointed by the Bank of Russia and the Agency are taking measures to restore the information on the bank's real obligations to depositors in the bank's accounting records, the result of which will be the introduction of appropriate changes in the register of the bank's obligations to depositors.

The Agency intends to carry out out-of-court measures to restore the principal amount of deposits in the accounting as soon as possible, and then proceed to restore the rights to interest on deposits.

At the same time, depositors who will receive insurance compensation for the principal amount of the deposit do not need to send additional applications and documents to the Agency in order to receive compensation for interest.

Depositors will be notified about the possibility of receiving insurance compensation, both for the principal amount of the deposit and for interest, by sending SMS notifications.

If the documents previously attached by the depositor to the statement of disagreement are not enough to establish the amount of the bank's obligations, the Agency will send the depositor an appropriate message.

The Agency is sympathetic to the situation in which depositors found themselves as a result of the illegal actions of the former management and owners of the Bank, and will make every effort to minimize negative consequences and restore information about depositors in the register. The Agency expects to complete the main part of this work within 2 months.

Depositors can obtain additional information on the procedure for paying insurance compensation on the official website of the Agency in the section "Deposit insurance / Insured events / CB Kansky LLC" and by calling the Agency's hotline (8-800-200-08-05) (calls within Russia free).

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 to judicial protection. Conditions for such cases are discussed with clients additionally and individually.

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

  • 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
  • and others

Agency work

There is no doubt that the work of the DIA with banks with revoked licenses, in which accounting records have been 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 say, 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).

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.

The DIA is trying by all means to delay payments to affected depositors.

Depositors of banks whose licenses were revoked by the Bank of Russia this fall have to remember how to fight for their money, although it seemed to everyone that they were protected by a special law on deposit insurance. Bank clients are again united in unions and committees, write collective and individual letters, complain and demand. And all this is due to the fact that the deposit insurance system, which seemed perfect and devoid of the human factor, has ceased to work normally in terms of data transmission. Now depositors, for the most part elderly and not very healthy people, walk through the November slush to various authorities, for more than a month now, anxiously awaiting a decision on their fate.

According to forums and social networks, which have become for depositors of a number of banks (Rosinter, Arks-bank, VPB and others) platforms for discussing pressing problems, depositors face almost the same difficulties - full or partial write-off of funds from deposits. Why, it would seem, the perfect mechanism for reimbursement of insurance payments on deposits fails, no one can answer.

The management of banks with revoked licenses was removed from the management of credit institutions after the entry into them of a temporary administration under the leadership of the DIA. Employees in full subordination of the interim administration and under pain of dismissal without severance pay cannot communicate with customers without the appropriate permissions. The interim administration is unavailable due to "getting on track". Such a vicious circle of silence forces depositors to look for other legal ways to protect their rights.

So, according to the groups of contributors in the VKontakte network, many people who discovered the absence of data on their deposits or a decrease in the amount began to write statements of disagreement in the DIA. By law, such disagreements must be considered on a mandatory basis and within 30 days they must be answered in a meaningful way. "Write a statement of disagreement with the amount of the contribution to the DIA. By law, the Agency has 30 days to consider your application. After the deadline, you can file a lawsuit, even if you have not received a response from the DIA," advises financial consultant Ekaterina Baev. Depositors of some banks have created an autonomous contact center, by calling which you can leave an application for a collective appeal to the temporary administration of the bank to receive the missing documents on the deposit.

A prerequisite is the delivery in person to the office of the DIA against signature or sending by registered mail with acknowledgment of receipt. After the expiration of 30 days from the date of receipt of such applications, if no response is received, then you can go to court on 2 facts - violation of the deadlines for responding to an official request and to restore the contributor in the register for reimbursement. It is also worth going to court with a negative answer, if the depositor has all the documents on opening a deposit.

They know about the regulations in the DIA. Therefore, apparently unable to cope with the wave of appeals, they started a bureaucratic game with delaying the process of returning money to the affected depositors. Constantly there are some multidirectional changes in the registry. For example, a person is issued a certificate that he was included in the register, he applies to the agent bank for a payment, but he is not there again. Refusal. The depositor appeals to the DIA again, they answer him - wait, the response time has not come out, there is a lot of work. This is how unfortunate people toil between the state agency and agent banks in search of their money. Or, for example, what is the idea of ​​DIA with writing statements that the client did not withdraw money from his deposit. But these applications will be considered for 25 working days and this is again delays, nerves, tears of people.

How such a "system failure" became possible can now only be guessed at. Why has it not been possible to regulate the procedure for transferring correct depositor registers over the 12 years of the DIA’s existence, why banks with revoked or suspended licenses are first disconnected from the Automated Banking System and then required to transfer depositor registers, exactly how and in what form the data on depositors is transferred to banks -agents? Apparently, the leadership of the Bank of Russia also did not find answers to these questions. The conclusion about the competence of a number of high-ranking officials was personnel reshuffling in the "profile" bloc both in the Central Bank itself and in the DIA.

And now the new leaders of the blocks will have to deal with the situation in a fire order. And not only with depositors, but also with shareholders and heads of banks who dispute the valuation of the assets of their organizations at the time of revocation of the license. After all, according to the law, it is the assets that must cover the obligations, first of all, to the depositors. It can be assumed that, trying to reduce the requirements of depositors to the DIA and reducing the value of assets, the DIA is clumsily trying not to upset the Bank of Russia, which, according to various estimates, already owes from 1.2 to 1.8 trillion rubles for banks that are being rehabilitated and bankrupt. The question arises - is the recent introduction of 200 and 2000 ruble bills not caused by serious obligations to citizens and not provoked by earlier mistakes? And what will actually happen to inflation and exchange rates then? Shouldn't it be too expensive to pay not only depositors who lose money, but also all the inhabitants of the country for the miscalculations of individual officials?

“We all know that the Central Bank has to print money for the DIA. This is simply necessary to cover the realized risks,” Nikolay Kashcheev, director of research and analytics at Promsvyazbank, said earlier to one of the specialized portals. “We believe that the monetary policy of the Central Bank will remain moderate tough for the next year or two."

But back to investors. Here are some quotes from social media:

“Out of 446,000, I received only 26. The thought immediately crept in that the DIA was sick. When the temporary administration was introduced, the money was in the Internet bank, and I took statements. But for some reason they were not in the DIA register,” says Nikolai T.

“I replenished the deposit on the third of September. The amount (of the deposit) coincided, but you still have to write a statement of disagreement. It is not clear on the basis of what the DIA decided to pinch 19 thousand rubles from me (from the accrued interest). They explained to me over the phone that these are obligations to the bank. What are the obligations? I didn’t take loans there. And in front of me, a man also wrote a statement of disagreement. In general, this epic seems to be for a long time, "- Anastasia Kh.

“In my presence, my grandmother tried to understand where her account for 900 thousand had gone. They gave it away for 400, but there was simply no second,” a former bank depositor observed this picture while receiving a refund at Rosselkhozbank. “They gladly transferred these 400 to a deposit, saying that "money should be kept only in the "savings bank", then nothing will be lost."

“Personally, I have only 80,000 rubles from the deposit amount of 800 thousand rubles in the DIA register. But I know cases when the accounts turned out to be empty at all,” the depositor complains.

“It’s just some kind of horror! I was hoping to withdraw money and pay taxes, put it aside to pay for my child’s education, buy gifts for my parents for the new year. They don’t return my money to me, but taxes, tariffs and prices are growing! passed, you can mock the people," the woman expresses herself emotionally with tears in her eyes.

It would seem that there are not many depositors who have inconsistencies in the register in each of the banks - 2-6 thousand people. But if they unite and apply for rallies of disagreement with the decision of the DIA in front of the Ministry of Finance and the Central Bank, as it happened repeatedly in 1998 and 2008, then, perhaps, in the pre-election year, the future presidential company may face a negative social background in one among the most sensitive groups are the elderly, who have entrusted their "coffin" to a system that cannot protect them even if there is a clear law "On deposit insurance".