RusBankrot
We know everything about bankruptcy
28/04/2024
Sunday
THIS DAY IN HISTORY:
28 April 
1970 World Labor Safety Day
1970 World Labor Safety Day
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The capture of Milan by the troops of Suvorov
1970 The capture of Milan by the troops of Suvorov
28 April
1970 World Labor Safety Day
1970 World Labor Safety Day
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The capture of Milan by the troops of Suvorov
1970 The capture of Milan by the troops of Suvorov
THE LIMITATION OF THE SUBSIDIARY DEFENDANT'S RIGHT TO LEAVE MAY BE REFUSED IF SUCH DEPARTURE IS NECESSARY FOR HIM
In the framework of the bankruptcy case of a citizen (No. A40-67277/20), the creditor (the bank whose subsidiary defendant is the debtor) applied for a restriction of the debtor's right to travel outside the territory of the Russian Federation.
The courts of two instances refused to satisfy the claim, but the cassation did not agree with them and satisfied the application based on the following:
"The restriction of the debtor's right to travel outside the territory of the Russian Federation is a temporary measure and cannot infringe on the constitutional freedoms of a citizen.
At the same time, the courts of lower instances, refusing to satisfy the petition, did not indicate the presence in the case materials of evidence confirming the circumstances in connection with which trips outside the Russian Federation are of particular importance to the debtor, about the purpose of trips and other evidence confirming that the restriction on departure will be unjustified, excessively restricting the rights of a citizen".
The courts of two instances refused to satisfy the claim, but the cassation did not agree with them and satisfied the application based on the following:
"The restriction of the debtor's right to travel outside the territory of the Russian Federation is a temporary measure and cannot infringe on the constitutional freedoms of a citizen.
At the same time, the courts of lower instances, refusing to satisfy the petition, did not indicate the presence in the case materials of evidence confirming the circumstances in connection with which trips outside the Russian Federation are of particular importance to the debtor, about the purpose of trips and other evidence confirming that the restriction on departure will be unjustified, excessively restricting the rights of a citizen".
27.12.2023
