Stepheev Mikhail Ivanovich. Expert Council of Trials Mikhail Ivanovich Biography has been established in the LDPR

16.04.2009: Explanatory note To address the chairman of the government Russian Federation

An important role in strengthening crisis phenomena in the Russian Federation has the facts of violation of the law, negligence and corruption actions on the part of officials of the MSTU Central Bank of the Russian Federation, creating conditions for the implementation of the Raderer CB Intelfinance (LLC) in order to implement illegal banking operations on legalization (laundering) moneyacquired by criminal means. As a result of the implementation of actions to conceal the perfect crime, these persons created the conditions for the fictitious bankruptcy of the bank, including orders to revoke the license from the bank (in the absence of real reasons), on the removal of the legitimate representative of the Bank that prevents these acts. For preventing in the seizure of the Bank, the Chairman of the Board of the Bank in my face was included in the lists of persons who have a bad business reputation.
President of the Russian Federation Dmitry Medvedev repeatedly pointed out that corruption turned into a system problem, and we must oppose the system response to this system problem. The President is concerned about the scale of corruption and its hidden character and considers it necessary to pay special attention to the "assessment of corruption by society". The President noted that it is necessary to achieve "transparency of state procedures related to contracts, tenders, administrative regulations, to create a more favorable business environment as a whole." In his opinion, it is also necessary to think about the appeal procedure in the pre-trial procedure of the legality of the relevant decisions of civil servants.

I, Mikhail Ivanovich, with "18" May 18, 2005, performed the responsibility of the Chairman of the Board of the CB Intelfinance LLC, registered as a legal entity "June 10" June 1994. According to the charter, LLC Intelfinance is a credit institution. Until May 2007, the Bank of Russia did not have complaints about the activities of KB Intelfinance (hereinafter referred to as the Bank). In January 2008, the Bank was withdrawn by a license, subsequently with respect to the bank was initiated by the bankruptcy procedure, and information on the chairman of the Bank's Board was made to the database of information on business reputation, not allowing him to occupy posts in credit institutions.
In accordance with PP. 4.4 Regulations on the consideration of documents submitted to the territorial institutions of the Bank of Russia to make a decision on state registration of credit institutions, issuing a license for banking operations and maintaining databases on credit institutions and their subdivisions of the Central Bank of the Russian Federation No. 271-P dated 09.06.2005 (as amended. Instructions of the Central Bank of the Russian Federation of October 29, 2008 No. 2111-y) (hereinafter referred to as the Regulation) in order to information support Territorial institutions of the Bank of Russia accumulate information about the business reputation of members of the Board of Directors (Supervisory Board) of credit institutions, managers, candidates for managers in databases. According to PP. 4.6 The provisions in the database include information about the leaders: 1) in relation to which the requirements of their replacement were sent to the territorial agency in the manner prescribed by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"; 2) removed from the leadership for the violations in the financial sector or dismissed by decision of the authorized body for the management of a credit institution (branch) on the provisions specified in paragraph of this paragraph of the situation; 3) holding the positions of the heads of the credit institution (branch), in which, in accordance with the order of the Bank of Russia, a temporary administration was introduced on the management of a credit institution with the suspension of their powers, including in the case of the participation of the State Corporation "Deposit Insurance Agency" on the proposal of the Bank of Russia in implementation of measures to prevent bankruptcy in accordance with the Federal Law "On Additional Measures to Strengthen the Stability of the Banking System in the period up to December 31, 2011"; 4) executing managers in the last 12 months before the date of feedback from the credit institution license to carry out banking operations; 5) whose activities have led to a guide to the credit institution on the restriction (prohibition) to conduct individual banking operations, as well as to repeated (two or more times over the past 12 months) to the failure of the prescriptions of the Bank of Russia to eliminate the shortcomings in the activities of the credit organization (branch ); 6) in respect of which the fact of counteracting authorized representatives of the Bank of Russia, serving the State Corporation "Agency for Insurance Insurance" in the prescribed manner, in conducting checks of credit institutions (their branches), members of the Interim Administration for the Management of a Credit Organization; submitted and (or) incomplete information that submitted to the Bank of Russia qualification requirementsestablished by federal laws and those adopted in accordance with the regulatory acts of the Bank of Russia; 7) If there are other grounds established by federal laws.
In the formation of databases, in accordance with the situation, information identified during the inspections of credit institutions conducted by the Bank of Russia, auditing organizations, financial, law enforcement and other bodies, as well as other documented information in the territorial institution (PP. 4.9 of the provisions).
In accordance with PP. 4.10 Provisions Information on the business reputation of members of the Board of Directors (Supervisory Board) of the credit institution, managers, candidates for managers may be listed in the relevant databases on the initiative of the Bank of Russia (the Department of Licensing Activity and Financial Recovery of Credit Organizations or on the proposal of other structural units Central Apparatus of the Bank of Russia in coordination with the Department of Licensing Activities and Financial Recovery of Credit Organizations). When solving the issue of enhancing information about the above-mentioned persons, the Department for Licensing Activity and Financial Recovery Credit Organizations, if necessary, requests the opinion of the Territorial Institution.
In accordance with PP. 4.12 The provisions of the grounds for excluding information from databases before the expiration provided for by paragraph first of paragraph 4.11 of provisions are: 1) the establishment in the future (on the basis of inspections, explanations of managers, the presentation of a complete set of documents and other documented information) in the relevant databases, to violations of the credit institution of the requirements of federal laws and (or) regulatory acts of the Bank of Russia, which served to make information about them into the database; 2) the entry into force of the decision of the court on recognizing the invalid order of the Bank of Russia to withdraw the Lie Costa or the appointment of a temporary administration, as well as on the abolition of the prescription of the Bank of Russia for the introduction of restrictions (prohibitions) for banking operations; 3) entry into force judicial act On the cancellation of the conviction, as well as the repayment or removal of the criminal record with the persons specified in PP. 4.11 provisions.
I believe that information about me, as about the bank's head, was introduced into the database without the legal grounds for the reasons set out in this application.
In May 2007, an unspecified group of persons were produced raider seizure of the Bank and the removal from the fulfillment of the duties of the Chairman of the Board of the KB Intelfinance LLC, elected by the participants of the "Intelfinance" LLC. Starting from May 2007, the Bank's leadership was carried out by a group of persons who were illegally seized the Bank.
06/09/2007 Based on the instructions for the inspection No. 5-6 / 7275DSP branch No. 5 of the Moscow GTU, the Bank of Russia conducted an unscheduled thematic audit of the Bank's activities. After the verification is completed, the act of testing No. AT1-16-3 / 8179DSP dated June 27, 2007, according to the results of the consideration of which on the bank, prescription No. 55-21-12 / 11342DSP from 03.08.2007 was submitted.
According to the prescription of 03.08.2007 No. 55-21-12 / 11342DSP, a ban was introduced from 06.08.2007 for 1 year to open branches and the implementation of the following banking operations: attracting funds to physical and legal entities In deposits, also by selling their own securities, opening bank accounts, issuing bank guarantees. In addition, the Bank's right to exercise settlements through the settlement system of the Bank of Russia by transmitting information on communication channels is suspended.
12/24/2007 Branch No. 5 of the Moscow State University of the Bank of Russia issued a second prescription in relation to LLC CB Intelfinance No. 55-21-12 / 19906DSP. According to the prescription of 24.12.2007 No. 55-21-12 / 19906DSP since December 24, 2007, a ban on the implementation of the following banking operations was introduced for a period of 6 months: collection, calculations on behalf of persons.
01/16/2008 The Bank of Russia issued an order No. OD-29 "On the revocation of a license to carry out banking activities at the Intelfinance CB LLC, according to which the Bank has been withdrawn from January 17, 2008, a license to carry out banking operations. As indicated in the motivation part of the order, the basis for the license revocation was repeatedly repeated within one year the use of measures stipulated by the Federal Law "On the Central Bank of the Russian Federation". Since January 17, 2008, the Bank of Russia has initiated the procedure for the liquidation of the bank.
However, as follows from the letter dated 11/21/2008 No. 55-21-12 / 22308 of the 5th branch of the MSTU of the Bank of Russia, the true motives of the license reviews of the KB Intelfinance LLC is the Rider Capture of the Bank. I immediately informed the Bank of Russia immediately on the fact of the Rider Capture of the Bank and appealed to law enforcement agencies. Complete participants of the KB "Intelfinance" (LLC) in the face of Mazura A.S., Mazura I.I., Saturn-Geodor LLC, in the person of the legal director Kiryashkina V.V., as well as the Board of the Bank in my face more than a year defended the bank From the raider seizure by the criminal community specializing in the commission of such illegal banking operations as "cashing" and the illegal conclusion of funds abroad.
The activities of the criminal community of Raiders - "Dowrs" not only coordinated, but also directly supported by some employees of the MSTU Central Bank of the Russian Federation, which I have repeatedly informed the management of the Bank of Russia, including the First Deputy Chairman of the Board of the Bank of Russia Melikyan G.G. (Appendix No. 1). In the above letter, I asked in accordance with Federal Law No. 86 "On the Central Bank of the Russian Federation" (Art. 4 of paragraph 8) to suspend the operation of the banking license at Intelfinance KB (LLC), in order to prevent illegal banking operations in the Bank's premises captured by the raider criminal community. This letter was not only ignored by MSTU Central Bank of the Russian Federation, but employees MSTU Central Bank of the Russian Federation continued to actively help criminals, providing them with the unhindered receipt of cash (through separation No. 5 MSTU of the Central Bank of the Russian Federation), daily exceeding the annual amount of cash turnover of Intelfinance (LLC ) (more than 600 million rubles per day) according to obviously fake documents (established by the handwriting expertise) (Appendix No. 2).
Favorable conditions for the capture of Intelfinance KB (LLC) were created directly by employees of the license management MSTU Central Bank of the Russian Federation, which for two years sent obviously false letters to conscientious participants of the Bank on refusal to register them as participants and members of the Board of Directors of Intelfinance. At the same time, registration was carried out in the Board of Directors of Prying for the Bank of Persons in Relative Relations with one of the leaders of the license management of Kuznetsova N. (her husband Nagaev I.A.), creating legal prerequisites for the implementation of the actions by the above community of Raiders - "Peres "
Members of a criminal group, using the above-mentioned legal conflict, blackmailing me, Chairman of the Board of the Bank, who seeks to complicity in conducting illegal banking operations, threatening that in the case of my refusal, they organize criminal prosecution, referring to their relations in the internal affairs bodies of the Russian Federation (Shevarov Father A.A. occupies a leadership position in the personnel management of the Ministry of Internal Affairs of the Russian Federation).
Having received a decisive refusal to complicate in the crimes committed by them, the threats were pursuant: April 06, 2007 I was delayed and arrest for 10 days without legal reasonable on that (confirmed by the decision of the Zamoskvoretsky district court of Moscow dated 08.07.2008).
On April 21, 2007, after my liberation, one of the leaders of the criminal community (Shavarov AA) continued to blackmail me. In the case of my consent, to become an accomplice to me a bribe in the amount of 500 thousand US dollars. Having received a refusal of my part, Shavarov A.A. Together with an employee MSTU Central Bank of the Russian Federation Chashkin V.V. 05/07/2007 Permanent (Rider) Capture Intelfinance CB (on this fact, a criminal case No. 122763, CB Intelfinance (LLC) was found to be found to the victim (Appendix No. 3)).
Capturing the premises of the bank and holding it under its control (at the same time, the actual activity of the bank was blocked, the staff were not allowed in the premises), members of the criminal group (Chashkin V.V. and Shevarov A.A.) continued to file me to commit illegal banking operations, Otherwise, they threatened to organize the issuance of prescriptions from the Bank of Russia and the subsequent review of the license from the bank.
June 13, 2007 as part of the criminal case production No. 122763, the premises of the bank was released from the above-mentioned unauthorized persons and the normal legal legal economic activities Bank under my leadership. Nevertheless, referring to omission from 07.05.2007 to 13.06.2007 (when the bank was captured by raiders - "cerebrals"), MSTU Central Bank of the Russian Federation represented by the head of the 5th branch of Kornishova A.L. In confirmation of threats by Chashkina V.V. (Former employee MSTU Central Bank of the Russian Federation) and Shevarova A.A. The prescription (03.07.2007) is published on the restriction of the Bank's activities, without taking into account the positive dynamics of the Bank's work after unlocking the premises by the decision of the investigating authorities and the recognition of the Bank to the victim as a result of the Rider Capture in the above period.
In the period from 03.07.2007 to 05.12.2007, against the background of not stopping threats from members of the criminal group to my address (the organization of the review of the Bank's license and physical violence with me and member of my family), actions are being taken to the vision of shares in the authorized capital of the CB Intelfinance and counterfeit bank bills (according to these facts, criminal cases No. 140806, No. 140688 were initiated).
As a result of active actions on the part of the legislative leadership of the Bank and my principle to comply with the norms of legislation and the protection of the interests of the Bank and due to the activities taken within the framework of criminal cases on the facts of attempts by the Rider Capture of the Bank, fakes of documents and bank bills, relevant decisions of the Moscow Arbitration Court, criminal Plans at that time were not fully implemented.
I want to draw your attention to the fact that the attempt at the Rider Capture of the Bank was prevented by us without any assistance and support of the Bank of Russia, and often with full connivance from the last and actual support of the Raiders Action.
At the same time, we have restored the normal functioning of the bank, and the Bank continued to demonstrate the positive dynamics of the work (monthly profit and capital growth), despite the existing order of the MSTU Central Bank of the Russian Federation, limiting the bank's economic possibilities.
At the end of November 2007, the leader of the grouping of Sitnikov I.V. Contact me with a proposal in the event of my connivance in the implementation of illegal banking operations to pay a sum of $ 1 million 200 thousand US dollars. Referring to the possibilities of his mother, Sitnik Galina (head of the Ministry of Department of the MSTU Central Bank of the Russian Federation), Sitnikov I.V. reported on his long-time connections with the State Corporation "Deposit Insurance Agency", thanks to which after the completion of illegal banking operations and, as a result, the Reviews of the Licenses of the License The aforementioned State Corporation will appoint the controlled by him (Sitnikov I.V.) of the Bank's liquidator who will notice »Traces of crimes (confirmation of these words in criminal case materials No. 140806).
Understanding the seriousness of intentions from the criminal group, I applied with an official statement about the preparing crime into the Investigation Committee under the Ministry of Internal Affairs of the Russian Federation. My statement was made to the Criminal Case No. 169277 located in the production of criminal case, within the framework of which I was repeatedly questioned, and I was asked to hold operational and investigative measures on the territory of the bank headed by me using a hidden video surveillance cameras in order to prevent the preparing crime and capture criminals.
Starting from November 30, 2007, I provided law enforcement officers access to the bank's premises at night to install the necessary equipment. But, despite all the measures taken by me on the protection of the Bank, the criminals, confident in their own impunity, under video cameras, carried out their threat to physical violence (5.12.2007).
Being an ambulance to them. N.V.Stlifosovsky with cranial and brain injuries, 5.12.2007 I sent a letter to the first deputy chairman of the Board of the Central Bank of the Russian Federation Melichaan G.G. (Appendix No. 1). In the above letter I asked, acting in accordance with Federal Law No. 86 "On the Central Bank of the Russian Federation" (Art. 4 of paragraph 8), to suspend the operation of the banking license at Intelfinance KB (LLC) to prevent illegal banking operations. In addition, I notified banks - Intelfinance CB correspondents (Alfa-Bank, Uralsib Bank, Shipbuilding Bank, etc.) on the inadmissibility of operations through the correspondent accounts of Intelfinance CB (LLC).
During my hospitalization (from 05.12.2007 to 19.02.2008), criminals, fake my signature on numerous payment documents, make them to pay for payment No. 5 MSTU Central Bank of the Russian Federation and receive cash on them in the amount of more than 600 million rubles daily, although:
- a fake signature did not match the card with sample samples;
- I notified the leadership of the Central Bank of the Russian Federation on his hospitalization;
- I notified the Investigative Committee at the Ministry of Internal Affairs of the Russian Federation, the leadership of the Bank of Russia, the leadership of the 5th branch of the MSTU Central Bank of the Russian Federation on the Rider Capture of the Bank;
Thus, the total amount of illegally received funds through our bank amounted to 11 billion 700 million rubles, of which 7.5 billion were cashed in 20 days, and the rest were sent to the accounts of foreign companies.
In response from 11/21/2008 No. 55-21-12 / 22308 for my appeal Head of Department No. 5 MSTU Central Bank of the Russian Federation Cornishov A.L. (Appendix No. 5), recognizing the fact of the Raderer CB "Intelfinance", confirms my non-involvement to violations in the activities of the bank headed by me and reminds me of my participation in the meeting, held on 12/18/2007 in separation No. 5 MSTU Central Bank of the Russian Federation, on which I, Re-reporting on the Rider Capture of the Bank, demanded from the leadership of the Bank of Russia to the immediate cessation of all illegal operations carried out using a fake signature, and suspending the action of the banking license of Intelfinance KB (LLC).
However, after this meeting, the leadership of the Bank of Russia continued to inactivate, thereby helping the "organized criminal group" (as they themselves write (Appendix No. 5) to make extradition in unacceptably huge amounts of cash, using a fake signature of the Chairman of the Board in the following days (19.12. 2007, 20.12.2007, 12/21/2007, 12/24/2007).
For this fact, I wrote a statement to the FSB of the Russian Federation, which was taken to the production of the investigative committee under the Prosecutor's Office of the Russian Federation.
Having learned from the leadership and employees of the Bank of Russia about the measures taken by me to prevent criminal activities, the raiders took a new pressure attempt at me: on the night of June 13-14, 2007, while I was in the hospital, criminals burned a car belonging to my family (For this fact, a criminal case No. 84005 was initiated, which was in the production of the investigator of the investigative department at the Department of Internal Affairs at the Falcon district of Moscow Fedin K.A.).
In my opinion, in order to conceal the crimes committed, including the embezzlement of money in the amount of $ 11 billion 700 million, the officials of the Bank of Russia issued orders, on the basis of which, in the future, an order No. OD-29 was issued on January 16, 2008 to revoke from The license bank, and on February 22, 2008, the Arbitration Court of Moscow, in the absence of signs of bank bankruptcy, was introduced the procedure for the elimination of Intelfinance KB (LLC).
The temporary administration of the Bank appointed by the Bank of Russia did not undertake any actions to return the stolen funds, despite my statements (Appendix No. 4). Moreover, intentionally brings the KB Intelfinance (LLC) before bankruptcy in order to conceal the crime community committed by the criminal community and the impossibility of returning into the income of the state abducted by fake certificates of money in the amount of 11.7 billion rubles.
The liquidator in the person of the State Corporation "Deposit Insurance Agency" includes the register of creditors' claims for subsequent payment for fake bills in the amount of 5 million rubles (the fact of the promissory bills was established under the criminal case No. 140806, which I notified the corporation), which indicates the execution Persons belonging to a criminal group, their plan to conceal criminal acts and indicates that they have connections with the officials of the Bank of Russia.
At the same time, the Bank of Russia, recognizing the fact of the fictitious bankruptcy of Intelfinance, in the response received by me from the Department of Licensing the Central Bank of the Russian Federation dated December 29, 2008 No. 33-5-18 / 6412 does not undertake any measures to terminate the bank bankruptcy procedure and the return of the banking license.
In confirmation of the threats of Sitnikov I.V. GC "Deposit Insurance Agency" with the purpose of noticeing traces of crime creates a falsified report No. 2893 on verification on identifying dubious transactions in Intelfinance CB LLC, approved (by the management of the CB CB) on April 29, 2008, in which, ignoring the facts and my statements ( Admission 2 and adj. 4), it is made with a false conclusion about the absence of such transactions, despite the fact that:
- the fake signature did not fit the card with sample samples and the fact of the fake of my signature was confirmed by expertise (Appendix 2);
- I notified the leadership of the Central Bank of the Russian Federation on his hospitalization and was physically absent in the bank during this period;
- I notified the Investigative Committee at the Ministry of Internal Affairs of the Russian Federation, the management of the Bank of Russia, banks of correspondents, the leadership of the 5th branch of the Ministry of Central Bank of the Russian Federation on the Rider Capture of the Bank;
- The bank did not receive this amount of money even for the year.
In addition, in the above-mentioned report No. 2893 of the Civil Code of the ASV, the intensity of cash in the CB Intelfinance (LLC) is to submit to the issuance of loans to organizations with dubious financial position in order to withdraw assets, but this also contradicts the facts (ad.4), since only I With the right of the first signature, the relevant documents not only did not sign, but also by all legitimate methods prevented the presence of funds from the bank (for which he was beaten by criminals), while constantly demanding from the Central Bank of the Russian Federation and the ART to adopt appropriate measures envisaged by law.
MHA 12.08.2008 and 30.09.2008 2 petitions were sent to the head of the Investigative Committee at the Ministry of Internal Affairs of the Russian Federation (715-08 OU-1) and (17 / X-116) on the need to compound into one criminal proceedings No. 244192, No. 140806, No. 122763, No. 140688, No. 169227, No. 84005, No. 327267 (attached).
The Deputy Prosecutor General of Grine Green, V. Ya. It was assumed by the management of the GSU under the GULD in Moscow on the combining of criminal cases in one production (Appendix No. 6).
For 26.01.2009, a petition was announced in the investigative part of the investigative department for the Internal Affairs Directorate of the Central Federal District of Moscow in the framework of the criminal case No. 140806 on the withdrawal of fake bills and how to criminalize employees of the State Corporation Agency "Deposit Insurance".
In accordance with Art. 74 of the Federal Law "On the Central Bank of Russia" Bank of Russia has the right to withdraw a license for the foundations provided for in Art. 20 of the Federal Law "On Banks and Banking Activities" (hereinafter - the law). In accordance with paragraph 6 of Part 1 of Art. 20 of the law Bank of Russia may withdraw a license for banking operations from a credit institution in the event of non-fulfillment of federal laws governing banking activities, as well as regulatory acts of the Bank of Russia, if during one year the credit institution has repeatedly used the measures provided for by the Federal Law on the Central Bank. The Russian Federation ", as well as a repeated violation during one year of the claims provided for in Articles 6 and 7 (with the exception of paragraph 3 of article 7) of the Federal Law" On Countering Legalization (Laundering) of the income received by criminal. "
In accordance with the definition of the Constitutional Court of the Russian Federation of 14.12.2000 No. 268-o applied to the credit organization, forced measures are made in the form of a prescription, i.e. In the form of an act, which is administratively domineering. The review of banking licenses is the decision of the Bank of Russia, which is accepted in the state and on the grounds provided for by federal legislation. The feedback does not entail the termination of the credit institution as a legal entity, but means only the prohibition of making any banking operations and is an exceptional measure of impact, which applies to a credit institution that allows violation of the requirements of federal laws regulating banking activities and regulatory acts of the Bank of Russia.
I believe that the Bank of Russia was deliberately not applied (deliberately violated) the provisions of the Central Bank of the Russian Federation of March 31, 1997 No. 59 "On application for credit institutions of impact measures for violations of prudential activities." As follows from the order of the Bank of Russia to revoke a license, the Bank of Russia limited himself only to the establishment of the fact of two prescriptions, but the measure of the impact of Russia elected by the Bank of Russia is an excessive and inappropriate nature of the violations, reasons and circumstances of violations.
I believe that the order of the Bank of Russia about the revocation of the license is not reasonable due to the fact that the Bank of Russia did not fully figure out the circumstances of importance to the case, namely, the nature of admitted offenses that served as the basis for making prescriptions, the reasons for which arose These offenses were not given the assessment of these prescriptions, the involvement or non-involvement of the Bank's officials to their commitment was not established.
The violations identified during the test were admitted during the period when the bank officials could not commit them because of the physical removal from the management of the bank a criminal group of individuals, or finding treatment in a medical institution after physical violence and receiving injuries.
Chairman of the Board of the Bank (solely possessed the right of the first signature) was deprived of the opportunity to manage the Bank due to his physical removal at the time of raider seizure in 2007 and finding inpatient treatment from 05.12.2007 to 19.02.2008 in a medical institution after beating. The legal participants of the Intelfinance CB LLC were not able to prevent the raiders due to the fact that the information about them for an unknown reason was not registered by the Bank of Russia.
In particular, Mazur Ivan Ivanovich acquired a share in the authorized capital of the Bank in the amount of 5.2311435523111% under the contract of sale of a share in the authorized capital of LLC CB Intelfinance No. 1 of 04.04.2006. The participant with a letter notified LLC KB Intelfinance about the purchase of a share. LLC CB Intelfinance In connection with the change in the composition of the participants, decided to make changes to the constituent documents (Charter), prepared amendment No. 5 to the Charter and sent them to register to the Bank of Russia. However, the registration of changes No. 5 in violation of legislation was not carried out and the documents were not sent to the Federal Registration Service for registration of changes and making relevant entries to the EGRUL.
According to paragraph 4 of Art. 12 of the Federal Law of 08.02.1998 No. 14-FZ "On Limited Liability Societies", the changes made to the constituent documents of the Company are subject to state registration in the manner prescribed by Art. 13 of the federal law. Changes made to the constituent documents of the Company acquire strength for third parties from the moment of their state registration, and in cases established by the Federal Law, from the moment of notifying the body carrying out state registration. Thus, a new participant until the state registration of changes to the constituent documents could not realize its rights to the Company's participant, including to seek the judicial protection of violated law.
In accordance with the Resolution of the Constitutional Court of the Russian Federation of 11/17/2005 No. 11-P in the Russian Federation as a legal state, his rights and freedoms are higher value, and their recognition, compliance and protection - the duty of the state; The rights and freedoms of a person and a citizen in the Russian Federation are recognized and guaranteed according to generally accepted principles and regulations. international law And in accordance with the Constitution of the Russian Federation, they determine the meaning, content and application of laws and are provided by justice (Articles 1, 2, 17 and 18 of the Constitution of the Russian Federation).
Article 1 of Protocol 1 to the European Convention on the Protection of Human Rights and Fundamental Freedoms of 04.11.1950 (hereinafter - the Convention) established: "Each physical or legal person has the right to respect for his property. No one can be deprived of his property otherwise as in the interests of society and on the conditions stipulated by law and the general principles of international law. These provisions do not detract from the rights of the state to ensure the implementation of such laws, which are submitted to it necessary for monitoring the use of property in accordance with the general interests. "
The state has a fairly wide discretion in the regulation of ownership, in particular, the state is entitled to control the conditions for the use of property or establish restrictions, while not allowing violations of property rights of individuals. Given that such restrictions or control measures may entail the negative economic consequences of the rights and legitimate interests of the owner, Article 1 of the Protocol 1 of the Convention proceeds in this case, from the requirement of compliance with the principle of the balance of public and private interests.
According to this principle, to achieve a public goal should not be elected tools that would lead to the imposition of excessive burden on individuals or established limitations other than those who are really necessary.
Recalling the Bank's license and decision on the introduction of a bank bankruptcy procedure issued with a violation of the provisions provided for by the norms of international law cannot be legal, because Admit violation of the rights of individuals.
In my opinion, the officials of the Bank of Russia elected an excessive and economically unreasonable way to eliminate violations of the bank. As mentioned above, the review of the license and the recognition of the Bank bankrupt did not take into account the factual circumstances and the true nature of violations allowed by the fault of officials or participants in the bank.
Bankruptcy of the Bank, in my opinion, is nothing more than the destruction of property without compensation to the owners of financial losses. At the same time, entitled to the participants of the bank and its legal representatives, an unlocked by the real state of the Bank, the Bank of Russia, using legal norms regulating banking activities, was actually brought to bankruptcy by their actions.
According to paragraph 2 of the information letter from the Russian Federation of 20.12.1999 No. C1-7 / SMP-1341, the European Court assumes that the state may in exceptional cases limit private property rights in the name of maintaining a public public order. Such restrictions should not be fiscal. In most cases, the restrictions on private property rights are permissible only under the condition of retribution.
Taking into account that the license review occurred in connection with the commission of the Bank's raider capture and the commission of illegal actions on the "cash" of funds and the withdrawal of them outside Russia, the bank's bankruptcy, a review of the license, the removal from the Bank's leadership of the Chairman of the Board and the introduction of it Information into the database on persons with a negative business reputation is nothing more than the laying on the owners of the bank and its legal representative of an additional burden.
As explained in the decision of the Constitutional Court of the Russian Federation dated 24.02.2004 No. 3-P, in cases of forced dissemination of property from the owner, regardless of the foundations of such an exemption, an effective judicial control should be carried out as a guarantee of the principle of immunity. In accordance with Art. 35 (Part 3) of the Constitution of the Russian Federation, no one can be deprived of his property otherwise, as a court decision. The term "deprived" means the compulsory nature of the termination of the right of private property and suggests the presence of a dispute, which necessarily requires judicial control, which can be either preliminary or subsequent.

Meanwhile, in violation of the legislation by the officials of the Bank of Russia, gross violations of the laws and subtitle acts were admitted, which did not allow the Bank's participants and its officials to fully benefit the means of judicial protection.
The conclusion of the Bank of Russia that the bank made violations and therefore is bankrupt, founded solely on the consequences of the seizure of the Bank and the physical dismiss of the legal representative of the Bank and its participants from the management.
Meanwhile, in itself, the commission of illegal actions against the Bank does not indicate the presence of grounds for the license of the Bank.
I and participants of the KB "Intelfinance" (LLC) were undertaken by all possible measures to protect the bank and their reputation, including: 1) Timely notification of the Bank of Russia and its territorial divisions on the seizure of the Bank and the commission of illegal actions regarding its assets; 2) statements and complaints about the law enforcement agencies of the Ministry of Internal Affairs of the Russian Federation and the Prosecutor General of the Russian Federation, for which 7 (seven) criminal cases were initiated; 3) cooperation with the investigating authorities on the disclosure of the above crimes is actively continuing.
The amount of illegal banking operations in Russia has become threatening huge, deputy. The heads of the Central Bank of the Russian Federation Viktor Melnikov rated it in 1 trillion. rub. In 2007, while 104 banks of the country were withdrawn by a license to carry out banking operations on the basis of violations of Federal Law No. 115-FZ. Melnikov also reported that this volume of 1 trillion rubles. per year is only 26% of all suspicious operations in the financial sector.
Thus, it can be stated that:
1. The existing visibility of combating illegal operations from the Central Bank of the Russian Federation leads not to a decrease in their volumes, but, on the contrary, to the growth of both volumes and "shadow" commissions and related corruption.
2. The detected volume of the calculated and investigated funds from the taxation of funds at times more than the one that the Central Bank of the Russian Federation states, each time, weakly spread by hand, reports the public about the next "burning" of the bank.
3. But even the named annual amount of illegal banking operations is almost 2 times higher than all cash balances in all banks of the country (including banks with foreign participation) (M2). Thus, the shadow economy in our country will continue to grow with an advanced pace, after performing the task of "doubling" of "black GDP", being a reliable source of financing "gray" wages, corruption, registered killings ...
4. Intentently either due to professional unsuitability, employees of the Central Bank of the Russian Federation are not called the true customers of conducting illegal banking operations, thereby freely or unwittingly helping the last in concealment of crimes and exhibits as a "arrogist" at best performers in the face of small banks.
5. Like other liquidated banks that were used in similar schemes, while remaining one to one with the Central Bank of the Russian Federation, we cannot withstand corrupt employees in the criminal community with raiders specializing in the seizure of banks in order to conduct illegal banking operations. Despite the money offered to me personally, in order to become an accomplice of this crime, I am ready to go to the end until it truths and legality.
By eloquent proof of the reasonableness of the statement of the above conclusions is the following:
In my meeting with the leadership of the Central Bank of the Russian Federation represented by the First Deputy Chairman of the Board of the Central Bank of the Russian Federation Melikyan G.G. And his colleagues held on 17.06.2008 at the address Moscow, ul. Neglinnaya, d. 12, I handed out an open letter to the country's leadership on how to put an end to the Russian Federation to all illegal operations (text on the site www.intelfinance.narod.ru). Recognizing the effectiveness of the method of curbing illegal operations proposed by me, the leadership of the Central Bank of the Russian Federation, taking the documents provided by me, promised them to carefully examine them. What was my bewilderment when at the end of June 2008 instead of in accordance with the methodology proposed by me in accordance with the norms of the Civil Code of the Russian Federation (Articles 158, 159 and 160) to put an end to illegal banking operations in the Russian Federation, recognizing them with insignificant transactions with Withdrawal of the entire amount of the transaction in the income of the state, the Central Bank of the Russian Federation, signed by Melichaan G.G. Introduces a semi-annual moratorium on the use of "punitive" measures to banks that carry out illegal banking operations, thereby actually canceling the effect of FZ No. 115 "on countering legalization (laundering) of funds obtained by criminal means and financing terrorism".
The introduction of this semi-annual moratorium allowed the criminal community, according to Rosfinmonitoring, increased by 3 times the amount of illegal banking operations, which at the end of 2008 - early 2009 to an unprecedented outflow of capital from the country and the denomination of the ruble by 58%, while participants in the data Operations are not withdrawn by any license for violation of the requirements of the law FZ No. 115.
Taking into account the above circumstances, as well as acting on the basis of Articles 1, 2, 17, 18 of the Constitution of the Russian Federation, the instructions of the Central Bank of the Russian Federation of 03/31/1997 No. 59, Protocol No. 1 to the European Convention on the Protection of Human Rights and Fundamental Freedoms from 04.11. 1950.
It is necessary to provide on high level Control over compliance with the law in this case, help return the bank unreasonably withdrawn by the license, as well as return the bank's abducted funds. This will help us, conscientious employees of the bank and owners, to return to themselves and the bank honest name in the eyes of the Bank's customers and the public, and will also show all the participants of the business community the possibility of joint struggle of the state and entrepreneurs against the raiders and corrupt authorities with them.

Appendix: on 26 (twenty six) sheets.

Chairman of the Board of the KB Intelfinance (LLC)
Stepheev M. I.

The new body is intended to carry out advisory functions in the preparation of individual legislation, develop conceptual solutions to certain socially significant issues, as well as develop practical recommendations According to the results of the analytical assessment of the events occurring in Russia and abroad.

The Expert Council in the LDPR faction in the State Duma included well-known Russian scientists, public figures, economists, political scientists, sociologists, analysts representing leading domestic universities, research centers and large companies key sectors of the country's economy.

Members of the Expert Council:

Lisukhan Vladimir Aleksandrovich - Doctor of Economics, Professor, Advisor to the head of the LDPR GD FS FS RF, a full member of the Russian Academy of Engineering and Russian Academy natural Sciences, Chairman of the Expert Council;

Oblotsky Yuri Mikhailovich - Doctor of N., Deputy. General Director of the Research Institute of Center AIn, Member of the Presidium of the Academy of Engineering Sciences. A.M. Prokhorov, Chairman of the Commission on the Innovation of the Expert Council;

Moiseev Nikolai Nikolayevich - K.I.N., Lieutenant-General, Deputy Chairman of the ES, Member of the Commission on Innovation of the Expert Council;

Makarov Nikolai Vasilyevich - D.H.N., Head of the Department of Moscow State University applied biotechnology, professor, a valid member of the Russian Academy of Natural Sciences, Member of the Innovation Commission of the Expert Council;

Motorin Victor Nikolaevich - Doctor of Technical Sciences, Professor, Member of the Innovation Commission of the Expert Council;

Karavanti Kamnantin Andreevich - K.F-M.N., RNC Kurchatov Institute, a member of the American Physics Society, a member of the Innovation Commission of the Expert Council;

Vorobyov Sergey Ivanovich - D.B., Prof., Director of the company "Research Laboratory of Biological and Physical and Chemical Studying PFOS", Laureate of the Government Prize of the Russian Federation, a full member of the Raen, Member of the Innovation Commission of the Expert Council;

Nikogosov Christopher Nikonorovich - K.Kh.n., Head. Laboratory of the Academy of Communal Services, Member of the Innovation Commission of the Expert Council;

Shimko Vasily Yuryevich - Ph.D., General Director of Svyazstroy, Member of the Innovation Commission of the Expert Council;

Shikhaev Kirill Nikolaevich - Doctor of N., Professor, Member of the Innovation Commission of the Expert Council;

Litvinsev Alexander Ivanovich - Ph.D., General Director of the Concern Alpost, Professor, Member of the Innovation Commission of the Expert Council;

Pakhomov Sergey Viktorovich - Ph.D., General Director of the Research Institute of Center AIN, Member of the Innovation Commission of the Expert Council;

Filippov Pavel Gennadyevich - D.F-M.N., Deputy Head of the Office of the State Corporation of Rostechnology, Professor, Member of the Innovation Commission of the Expert Council;

Chabak Alexander Fedorovich - Ph.D., Head of the Department of RNC Kurchatov Institute, Member of the Innovation Commission of the Expert Council;

Dyakonov Igor Vladimirovich - Writer, Member of the Innovation Commission of the Expert Council;

Slavyantsev Viktor Vasilyevich - Deputy. Chief Department innovative technologies, promising projects and R & D of the State Corporation Rostechnology, Member of the Innovation Commission of the Expert Council;

Mananak Andrei Yuryevich - General Director of the Infirm company, member of the Innovation Commission of the Expert Council;

Cracker Nikolai Yuryevich - General Director of Infra, Member of the Innovation Commission of the Expert Council;

Papens Vladimir Dmitrievich - KB N., President of the Foundation of the Newest Medical and Environmental Technology, Member of the Innovation Commission of the Expert Council;

Wheel Vladimir Vladimirovich - K.F-M.N., Head. Department Ire them. V.A. Kotelnikov RAS, member of the Innovation Commission of the Expert Council;

Rehetilova Tatyana Anatolyevna - D.B., Scientific Secretary of the IBFM RAS, Member of the Innovation Commission of the Expert Council;

Dolbenkov Vladimir Grigorievich - Doctor of Technical Sciences, Professor, General Director of OJSC KBSM, Member of the Innovation Commission of the Expert Council;

Dorofeev Valentin Ivanovich - D.T., Professor, Academician AVN, Winner of the State Prize of the Russian Federation, Leading Researcher of the First Central Research Institute of the Navy, Member of the Innovation Commission of the Expert Council;

Earthhanov Andrei Borisovich - Doctor of N., Professor, Deputy. Chief of the First Central Research Institute of the Navy, Member of the Innovation Commission of the Expert Council;

Danilov Evgeny Valerevich - President of the Investment Fund, Chairman of the Commission on Economics and Innovations of the Expert Council;

Dakhnovets Andrei Anatolyevich - First Deputy. Chairman of the Commission on Economics and Innovations of the Expert Council;

Sichov Alexey Vasilyevich - Deputy. Chairman of the Commission on Economics and Innovations of the Expert Council;

Sidorov Mikhail Nikolaevich - Doctor of Economics, Professor, Head. Department of the Russian Economic Academy. Plekhanov, member of the Commission on Economics and Innovations of the Expert Council;

Symmer Vasily Mikhalovich - Doctor of Economics, a valid member of the Russian Academy, Professor, Member of the Commission on Economics and Innovations of the Expert Council;

Dobryshina Lyudmila Nikolaevna - Doctor of Economics, Professor, Director of the Institute of World Economy State University management, member of the Commission on Economics and Innovations of the Expert Council;

Kalinkin Evgeny Vasilyevich - Doctor of Economics, Professor, Head. Department of Russian economic Academy them. G.V. Plekhanov, member of the Commission on Economics and Innovations of the Expert Council;

Ivankov Peter Fedorovich - D.F-M.N., President of the Russian people's Academy Sciences, member of the Commission on Economics and Innovations of the Expert Council;

Vyacheslav Vasilyevich - K.Yu.n., Public Council of Civil Society, Member of the Commission on Economics and Innovations of the Expert Council;

Ivashov Leonid Grigorievich - D.V., Academy of Geopolitical Problems, Member of the Commission on Economics and Innovations of the Expert Council;

Albert Khachimovich's groove is a lawyer, a member of the Commission on Economics and Innovation of the Expert Council;

Grabis Konstantin Romanovich - Ph.D., Member of the Commission on Economics and Innovations of the Expert Council;

Greeks Viktor Vasilyevich - Member of the Commission on Economics and Innovations of the Expert Council;

Mikhail Ivanovich Mikhail - Ph.D., member of the Commission on Economics and Innovations of the Expert Council;

Shevchenko Boris Ivanovich - D.E., Professor MGOU, Member of the Commission on Economics and Innovations of the Expert Council;

Nikolaev Mikhail Sergeevich - Professor, Doctor of Medical Sciences;

Obudin Andrei Borisovich - Candidate of Biological Sciences, Deputy Head of the Innovation Department and New Technologies FSUE "Administration of civil airports (airfields)";

Larin Evgeny Valentinovich - Director of the State Unitary Enterprise RK "Krymgelezobeton", Representative of the Expert Council in the Republic of Crimea.

Presumably, Mikhail Ivanovich is the head of the company, the list of which you see below. We remind you that the companies listed below can be managed different people (namella). This information was obtained on the basis of an analysis by an analysis, it may be obsolete and does not violate 152-FZ "On Personal Data" under Art. 6 129-FZ "On state registration of legal entities and individual entrepreneurs."

Limited Liability Company "Russian Porcelain"

Region: Moscow

JUR. Address: 109165, Moscow, ul. Donetsk, d. 23, Corp. 2.

Wholesale

Activities:

  • . Production of ceramic products other than those used in construction;
  • . Gravel mining, sand and clay;
  • . Production of ceramic tiles and plates;

Interdistrict Inspectorate of MNS of Russia No. 39 in Moscow

Limited Liability Company "Neftegazservis"

Region: Volgograd region

JUR. Address: 404103, Volgograd region, Volzhsky, ul. Alexandrova, 60

Wholesale of other intermediate products, except agricultural, not included in other groupings

Limited Liability Company "Orgmyash-Service"

Region: Volgograd region

JUR. Address: 404131, Volgograd region, Volzhsky, ul. Alexandrova, 60s

Providing services for the installation, repair and maintenance of other general purpose equipment, not included in other groupings

    MES warned about thunderstorms and strong wind in Moscow

    In the city of the Ministry of Emergency Situations of Russia in the city of Moscow warned residents and guests of the capital about the strengthening of wind and thunderstorms on Tuesday, July 16.

    In Moscow, the electrobes came to two new routes

    At once, two new routes for electricians launched in Moscow. They will follow No. 778 and SK. Route number 778 will connect Riga Station with Spartak Square.

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