Maxim Ali has commented for the Kommersant on the chances to appeal against the refusal of the Supreme Court to consider the complaint

Maxim Ali - Partner

The Supreme Court of the Russian Federation has refused the former owner of the International Bank of St Petersburg (IBSP bank) Sergei Bazhenov to consider an appeal against the decisions of previous court instances. Through his subsidiary JSC Triumph (which owned around 7% of IBSP bank), the businessman was trying to challenge the recall of IBSP bank`s banking license and the introduction of provisional administration. Before these actions the International Bank of St Petersburg with a capital of about 8.2 billion rubles ranked 116th in the banking system of Russia by size of assets, after that it was declared bankrupt.

According to the ruling of the Supreme Court, the arguments of the applicant do not confirm substantial violations of norms of material and procedural law that influenced the outcome of the case. The document also says that it is not within the authority of the judicial board of the Supreme Court to re-evaluate the evidence and the factual circumstances of the case.

The complainant has a possibility to file a complaint to the chairman of the Supreme Court or its deputy, but the chances for its satisfaction are minimal, Senior associate at Maxima Legal Maxim Ali explained to the Kommersant newspaper. According to Maxim, in practice there are virtually no such cases. “The difficulty of judicial acts review in the Russian Supreme Court is connected with the fact that it is mostly engaged in forming of practice rather than all-round elimination of errors of inferior courts,” summed up the expert.

To read the article, please visit Kommersant’s website >>>