Supreme Court decision Sergei Budnik. Suspicious bank clients will be left without cash. This benefits everyone

Sergei Ivanovich Budnik works as the chief technologist at the scientific and production association "Yar-Chai" (NPO "Yar-Chai").

Sergey Ivanovich Budnik was born in the Donetsk region into a family of herbalists. From an early age, he watched his grandmother and mother actively practice herbs and help people recover from ulcers, colds and many other illnesses. They became the first teachers of little Sergei. Already from childhood, he began to actively help relatives in working with herbs, and it was then that he decided that he would continue the family business.

In 1984, he went to serve in Moscow, and then stayed to live in this big city. At that time, Sergei Ivanovich began to actively travel to Belarus to trusted healers in order to find rare recipes for making tinctures, decoctions, ointments, rubs and at the same time improve his skills in herbal medicine. The path of its formation begins. He creates his original recipes, which find an enthusiastic response among people with various diseases, and continues to periodically exchange experiences with other herbalists. He reads a lot, constantly studies the works of oriental medicine, such authors as: Avicenna, P.A. Badmaev. This helps him treat people more effectively, as he begins to better understand the root causes of diseases and processes occurring throughout the human body.

For more than 30 years, with his tenctures, rubs, enzymes, tinctures, ointments, powders made from herbs, mushrooms and minerals, Sergei Ivanovich has successfully treated the most complex ailments, raised seemingly hopeless patients to their feet, before whom official medicine had given up. She also periodically consults other herbalists and herbalists in the treatment and choice of treatment for particularly complex diseases.

People come to him with oncology, pre- and post-stroke conditions, diseases of the musculoskeletal system, gastrointestinal tract, cardiovascular, genitourinary, nervous systems, with disorders of water-salt metabolism and metabolism, with infertility, with prostate adenoma, with gynecological diseases, with hypertension, with diabetes, with thyroid diseases, with thrombophlebitis, with varicose veins and many other problems.

Since 2007, Sergei Ivanovich Budnik has lived in the Tver region in a remote place in the forest, started a large farm and devoted himself entirely to herbs. He has a wonderful, economical wife and two small children. It is very difficult to get to Sergei Ivanovich, so he began to conduct consultations by phone, and send everything necessary by Russian Post through his assistants.

Sergei Ivanovich is not on social media. networks. He is completely focused on collecting and processing herbs and consulting people. Sergei Ivanovich already has students growing up, to whom he transfers minor work, thanks to this he can help even more people.

Based on ancient Russian methods, Sergei Ivanovich produces useful varieties of Russian tea: rare elite varieties from the Bogorodsk, princely, boyar, merchant groups, as well as Ivan-tea under the brand name "Yar-tea", which in 2016 won at the All-Russian competition of Ivan-tea producers first place. Based on the results of clinical studies, a number of articles were published in the international scientific and practical journal “Practical Phytotherapy” (for example, “Study of the total antioxidant activity of blended Ivan tea”, 2017. - No. 3). Phytotherapist, Doctor of Medical Sciences, Professor, Academician of the Russian Academy of Natural Sciences, member of the Presidium of the Russian Academy of Medical Sciences

The Supreme Court of the Russian Federation ruled in favor of Sberbank, which refused to issue cash at the end of the deposit period to its client, whom the financial institution suspected of laundering illegal income.

Litigation has continued since 2015. Then 56 million rubles were deposited into the account of one of the Sberbank clients, and the man tried to cash them out the next day. Then the bank asked a client named Sergei Budnik for documents confirming the availability of funds. Based on the results of studying the information provided, the credit institution refused to issue cash.

According to the expert, situations may occur in life when a person can receive a large legal income without documentary evidence of their legal origin. For example, in the case of newlyweds receiving a cash gift for their wedding.

Putilovsky believes that the situation that has developed after the Supreme Court decision creates an “asymmetrical” situation in relations between banks and clients.

After all, if banks really care so much about the purity of money, they, in theory, should require evidence of their origin not when the depositor demands his funds back, but when he just deposits them into his account. However, I haven’t heard of banks showing such scrupulousness regarding incoming transactions,”

confident expert.

According to Article 49 of the Constitution of the Russian Federation, “everyone is considered innocent until his guilt is proven in the manner prescribed by federal law and established by a court verdict that has entered into legal force. Inexorable doubts about a person’s guilt are interpreted in favor of the accused,”

However, according to Putilovsky, despite the inconsistency, the Supreme Court does not create any hopelessness for depositors, because a bank client can still get their money in other ways.

Firstly, you can transfer your money by bank transfer to a less harmful bank and withdraw it there. Secondly, cash can be withdrawn from an ATM - after all, your funds are not frozen by the bank. It’s just that in the latter case, the bank will do everything to ensure that the daily cash withdrawal limit is minimal,”

he explained.

He noted that cases when a bank client immediately needs a million rubles in cash are quite rare, since a person usually knows in advance about an upcoming large purchase and can withdraw the amount he needs in installments and spend several days on it. In the end, he will still withdraw the required amount, despite all the “intrigues” of the bank.

The head of the HSE Banking Institute, Vasily Solodkov, considers the decision of the Supreme Court not only contradictory, but also unconstitutional, which must be challenged either in the Constitutional Court or in the ECHR.

According to the Constitution, the principle of the presumption of innocence operates in Russia. In a specific dispute, this means that the client is not required to prove anything to the bank. On the contrary: if the bank has any doubts about the purity of the origin of the client’s money, then let the bank prove its doubts in court! The decision of the Supreme Court means that the property rights of any citizen of Russia can be called into question at any time by any institution, including a purely commercial one - be it money or any real estate - based solely on some suspicions,” -

the specialist is indignant.

In his opinion, the Supreme Court has “abolished” a fundamental principle of Russian law, which it does not have the authority to do.

This decision of the Supreme Court adds to the collection of unjust decisions of the Russian judicial system, which are overturned by the European Court over and over again. The Russian judicial system is generally not friendly with Russian laws: courts routinely make illegal decisions, which are then overturned in Strasbourg,” -

Solodkov said, adding that even the decision of the European Court does not guarantee the restoration of legality.

The Russian judicial system, in cases where all arguments have been exhausted, simply “goes into unconsciousness” and pretends that Europe is not our decree,” -

The current situation in Russia “is subject to legal interpretation” with great difficulty, since, according to Solodkov, it is precisely those authorities that are obliged to comply with the laws according to their “duty” that are the most consistent violators.

This is an absolute legal dead end. Laws are adopted that contradict the Basic Law. The highest court interprets a specific case in violation of the Constitution. Judge of the Constitutional Court Valery Zorkin calls serfdom the “spiritual bond” of Russian society,” -

Solodkov is indignant.

In his speech, the expert refers to a quote from the Chairman of the Constitutional Court of the Russian Federation Valery Zorkin, said by him in 2014:

Despite all the costs of serfdom, it was precisely this that was the main bond holding the internal unity of the nation."

The panel of the Supreme Court (SC) for civil disputes recognized the correctness of Sberbank, which refused to issue a cash deposit to an individual client on suspicion of money laundering. Despite the importance of combating suspicious financial transactions, this decision of the Supreme Court may encourage banks to avoid issuing funds in cash under flimsy pretexts and making money on commissions for transferring them to an account in another bank, experts say.


Yesterday, the Supreme Court Collegium for Civil Disputes ruled in favor of Sberbank, which refused to issue cash to an individual client at the end of the deposit period because he suspected him of laundering his income. As follows from the materials of the court dispute, in 2015, Sergei Budnik’s account at Sberbank received 56 million rubles from his account at City Invest Bank. The client tried to get them in cash the next day. Sberbank asked Sergei Budnik for documents confirming the origin of the funds, and based on the results of their study, refused to issue the funds. Then the client opened several time deposits in Sberbank and transferred money there. At the end of the deposit period, he again tried to withdraw the funds in cash and was refused.

Sergei Budnik went to court, demanding the return of deposits, interest, and also to collect a penalty from the bank. The courts of all instances supported Sberbank, pointing out that the bank’s client never presented documents refuting the dubious origin of the funds. In addition, the courts agreed that the client was not deprived of the opportunity to dispose of funds through a non-cash money transfer to an account in another bank. The dispute reached the Supreme Court panel, where Sberbank indicated that “the rules of law do not contain an obligation to issue money in the form in which the client requested; the bank can issue funds both in cash and by bank transfer.” And the board accepted this argument.

Experts considered the decision controversial. “When cashing out, the decisive factor is speed; if the client is ready to freeze the funds in the deposit for a long time, it means that it has not been cashed out,” says the head of the financial monitoring service for client transactions of a bank from the top 10. “In this case, the bank demonstrated an overly formal approach.” In addition, transferring funds to an account at another bank is not an equal alternative to withdrawing cash. “When making transfers, credit institutions charge commissions, and for dubious clients they can reach very impressive amounts,” notes Alexander Gontarenko, director of the legal support department of HKF Bank. In some banks, such commissions can amount to up to 25% of the transaction amount (see “Kommersant” dated October 30, 2017). The press service of Sberbank noted that the bank “does not provide separate tariffs that would apply to clients on whose accounts questionable activity was carried out,” the commission is charged on general terms and amounts to up to 2%.

Lawyers are confident that the bank’s doubts alone are not enough to refuse to withdraw cash from a deposit. “If a bank suspects a client of illegal activity, it must report it to law enforcement or tax authorities and refuse to work with him,” says Evgeniy Korchago, head of the Starinsky, Korchago and Partners bar association. “FZ 115 gives the bank the right to refuse to carry out any operation that it considers dubious, as well as the right to refuse service to a dubious client at any time,” confirms Kommersant’s interlocutor in Rosfinmonitoring. “The client, in turn, has the right to challenge the refusal court."

Experts agreed that this decision creates a dangerous precedent. “Banks experiencing a lack of liquidity will be able to retain funds and bona fide clients on far-fetched grounds,” notes a Kommersant source at a large bank. “Unscrupulous players can use the opportunity to refuse to withdraw cash from deposits to earn money on commissions.” However, bank clients have a way out: complete termination of relations with the credit institution. “If an individual client closes an account and terminates the contractual relationship with the bank, then the latter is obliged to either transfer the funds to another account or give them in cash, and in this situation the bank has no right to dictate to the former client how to receive funds,” notes Alexander Gontarenko. However, an obstinate client is highly likely to be blacklisted and will be limited in receiving banking services in general.

Veronica Goryacheva

The incident happened in 2015. Sergei Budnik transferred 56 million rubles from City Investment Bank to Sberbank, after which he tried to cash out the money, but the bank asked to provide documents confirming the origin of the money. The man tried to get around this restriction: he opened time deposits at Sberbank and transferred 56 million rubles there. When the deposit period expired, the client again tried to withdraw money, but was again refused. Writes about this TV channel "360".

Then Budnik went to court and demanded that the entire amount of deposits be returned and interest and penalties collected from the credit institution. All courts ruled that the bank was right, since the client did not prove the legal origin of the funds. The Supreme Court also sided with Sberbank. The credit institution referred to the fact that legal norms allow it to independently decide in what form to issue funds.

When attempting to cash out large sums, credit institutions follow the “anti-money laundering” law aimed at combating the financing of terrorism, noted banking expert Vladimir Shevchenko. Often banks play it safe so as not to have to deal with law enforcement agencies once again. Shevchenko claims that banks can request from any client documents confirming the origin of funds. If the client is unable to provide the requested papers, the credit institution has the right to freeze the account.

According to Shevchenko, there have already been similar cases. It’s easier to store money in a mattress or cash out small amounts. Another alternative would be to pay for large purchases by bank transfer.

President of the Association of Russian Banks Garegin Tosunyan said that within the framework of federal legislation, credit organizations sometimes create obstacles to transferring money to other accounts and cashing out. Tosunyan is confident that a person should manage his own money, and banks should take radical measures only in exceptional cases, when there is every reason to believe that the client is conducting dubious transactions. If you prohibit the free use of your own funds, then capital will go to foreign banks or people will begin to invest money in cryptocurrency.

In accordance with anti-money laundering legislation, credit institutions must conduct clean transactions and be confident that cashed funds will not be used for criminal purposes. But fulfilling government tasks to combat criminal operations should not limit the client, Tosunyan emphasized.

The third rank is the head of the Security Police Department, Sergei Budnik, who previously worked for a long time in the traffic police system.

However, unlike the former State Traffic Inspectorate, the security police is a commercial structure: our service is your money. “Is it possible to talk about a bribe here and what kind of things can we talk about?” “KP” in Ukraine found out.”

Prestigious place

There are no public scandals associated with Sergei Budnik. Only recently, anti-corruption activists filmed a drone of his house in the Kiev-Svyatoshinsky district, wondering where the general got the money for a “khatynka” of more than 500 square meters. But the estate, as well as an apartment and two plots of land, are indicated in Budnik’s declaration. No questions arose to him regarding income and expenses.

Sergei Budnik has been with the internal affairs bodies since 1994. He worked as an investigator, head of a department, at the headquarters of the Ministry of Internal Affairs. Since 2002, he was seconded to the Presidential Administration, and in 2008 he became closely involved in the traffic police system. After the Maidan victory, when the main team of ex-minister Zakharchenko fled the system, Budnik stayed in it. And in October 2014, he received the State Security Service, and now the security police, into his management. A post considered very prestigious. The Ministry of Internal Affairs, constrained by budgetary funds, always “milked” the self-supporting State Security Service, so its chiefs were treated with special respect.

People who know Sergei Budnik, as usual, are divided into two camps. Some are sure that he was set up, wanting to free up a warm place for a more convenient person, others say: “serve it right.”

Budnik is a pleasant person to talk to, gentle, courteous, especially with women. We joked about his "blushing shy" style. But when it comes to money, he was always tough in these matters and knew how to make them, says one of the former traffic police officers. - I can believe that the fire was not started out of nowhere.

I didn’t quarrel with Avakov

According to insider information from KP in Ukraine, there was no black cat between Sergei Budnik and him. They suited each other.

The special operation was carried out by the Prosecutor General's Office and the SBU, the police were attached to it at the last stage. There is now a secret war going on between Avakov and the president. It is not announced openly so as not to collapse the coalition before the elections, said one of the Interior Ministry employees. - But they are trying to remove or compromise people loyal to Avakov. It is beneficial for Yuriy Lutsenko to show that corruption is rampant in the Ministry of Internal Affairs. I heard that bidding is now going on for Budnik, as once for Vadim Troyan (recently there was information that, however, this has not been officially confirmed - Ed.). But I think they will declare suspicion on him. But whether the case will reach the court or how the case will behave in court is a question. I won’t say that Budnik is white and fluffy, but he is an intelligent and experienced person - he wouldn’t easily set himself up.

This benefits everyone

According to Yuriy Lutsenko, General Budnik, through an intermediary, demanded, in addition to official payments, more than 80 thousand hryvnia monthly for the provision of physical security services.

“In total, since June of this year, the attacker managed to receive more than one hundred and seventy thousand hryvnia,” Lutsenko wrote on Facebook.

We interviewed people who previously served in the State Security Service to find out where the money could have come from.

We can talk about a bribe as such only if someone wants to “buy” a tender from the police for the supply of equipment for security systems. If we are talking about security services, then the scheme is simple: the statements indicate an underestimated cost of the service. For example, work was completed for 50,000 hryvnia, but the documents show 20,000. The rest goes past taxes into the pockets, says Igor P., a former employee of the State Security Service.

There are other options. According to the law, security police cannot protect people who have problems with crime, but you can also turn a blind eye to this for an additional fee. Or the physical security at the enterprise “will not see” how cars of products that go past taxes are loaded to the left.

These are, of course, only versions, but each has one important point:

Any of these schemes is beneficial to the customer himself. He either receives kickbacks or has a reliable cover for shadow business. By hiring police officers for security, and not some private traders, the company seems to be making a statement that everything is clean with it,” says Igor P. “Therefore, no one will voluntarily run to complain to the prosecutor’s office. In the case of General Budnik, most likely there was a false combination.

“No money was found in the car or in the office, no traces of special paint or powder were found on the hands. The photograph was taken in the hall of the first floor during the seizure of money from the “intermediary” who carried it after Sergei Budnik left the department,” wrote on Facebook Sergey Shulzhenko, official representative of the European Police Association in Ukraine.

By the way, in continental Europe, Ukraine is the only country that has retained a security unit within the police that provides paid services. In line with the reforms of the Ministry of Internal Affairs, the state security service should also have been disbanded, but was retained due to the cost of the issue.