Publication of the Head of Alliance Legal CG advocate bureau, Artem Grishin, PRAVO.ru
20 марта 2018 г.
Combating illegal "conversion". Despite the significant reduction in the volume of withdrawal of funds abroad in recent years, this problem remains quite urgent and the state is trying to find new ways to solve it, since the convertible sums continue to be measured in billions of rubles.
One of the most common examples of illegal "conversion" is the recognition and enforcement of foreign judgments. The scheme is extremely simple - Russian and foreign organizations conclude an agreement, default and debt of a Russian company for which are established by a decision of a foreign court, which is subsequently legalized by the system of arbitration courts of the Russian Federation.
In the current version of this scheme, the bailiff service also participates, which, on the basis of the writ of execution, writes off the debtor's money to the service account, then legally transfers the amount of the debt to an account in a foreign bank. Formally, there are no violations of the law, as courts and bailiffs function within their authority, and banks have no reason to evaluate such operations as suspicious and in any way to counter them.
State bodies are also not inactive and are trying to "introduce" new methods of controlling such suspicious transactions.
The whole version of the article: Pravo.ru https://pravo.ru/opinion/201178/?desk_tv
In the current version of this scheme, the bailiff service also participates, which, on the basis of the writ of execution, writes off the debtor's money to the service account, then legally transfers the amount of the debt to an account in a foreign bank. Formally, there are no violations of the law, as courts and bailiffs function within their authority, and banks have no reason to evaluate such operations as suspicious and in any way to counter them.
State bodies are also not inactive and are trying to "introduce" new methods of controlling such suspicious transactions.
The whole version of the article: Pravo.ru https://pravo.ru/opinion/201178/?desk_tv