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Date: 4 weeks ago   Category: Law

Whether the decision of Israel in the matter of Sberbank against the ex-co-owner "A jasper gold" will become a precedent?


It is about the Itzhak Mavlona famous having the Russian and Israeli citizenship as Igor Mavlyanov. The businessman owes the Russian credit institutions about 23 billion rubles of the Photo: Alexander Shcherbak / TASS the Supreme Court of Israel allowed to consider the case of bankruptcy of the former co-owner of the jewelry company "Jasper Gold" of Itzhak Mavlona who is also known as Igor Mavlyanov, the Kommersant newspaper writes. It is nearly the first case in the history of the country when the highest authority allows to consider case of the citizen on the statement of bank of other country. The businessman owes Sberbank on not returned credits of 9 billion rubles, and its total debt before the Russian banks makes 23 billion. Russia put Mavlyanov on the international wanted list, he ran away to Israel and changed nationality.

History of the bankrupt businessman — the real precedent, lawyers say. It signals that the borrowers who are not fulfilling the obligations will not be able to evade from repayment of debt through change of nationality any more, the lawyer of the RKT law firm Elena Peshkova considers. Elena Peshkova is a lawyer of the RKT law firm "Igor Mavlyanov took certain credits for the Yashma group of companies. The group was engaged in jewelry business. Since 2015 there are cases of bankruptcy of all group of companies Yashma. Also the case of bankruptcy was initiated against it as Russian citizen. Within this case about bankruptcy Sberbank did not manage to have any real satisfaction of the monetary requirements therefore it decided to look for other ways of an exit. Igor Mavlyanov moved to Israel and obtained citizenship there. Sberbank in this case achieved very good, in my opinion, progress in achievement of the goals on protection of the creditor — the foreign person in others jurisdiction. This case is very interesting, and great success of Sberbank is an opportunity for other banks or other creditors to have the satisfaction of the requirements which appeared in Russia, in foreign jurisdictions. It is important that this case came to the Supreme Court of Israel and received due assessment. Now creditors will understand that it is possible to go to foreign jurisdiction and it is necessary". Sberbank welcomes the decision of the Israeli court. As the director of the department of work with problem assets Maxim Degtyarev noted, it "an example of exterritoriality when for adoption of the fair judgment there are no borders". According to him, such approach "positively affects business climate". However, after all it is impossible to call the judgment a precedent, the president of the Israeli Russian-language lawyer board "Ales (Ilya) Gervits" Ilya Gervits believes. Ilya Gervits the president of the Israeli Russian-language lawyer board "Ales (Ilya) Gervits" "Is not about the epoch-making decision, and about continuation of quite steady policy of the Supreme Court of Israel on realization in the country of the Russian judgments. The feature of case of Sberbank against Igor Mavlyanov is that here not the judgment against the businessman, and process takes place

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