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THE SUPREME COURT HAS PROTECTED THE WIFE WHO WENT BANKRUPT FROM THE FINANCIAL DEMANDS OF THE EX-SPOUSE

At the end of February 2024, Tatyana N. appealed to the Supreme Court of the Russian Federation with a complaint against the decision of the Khimki City Court, issued on February 28, 2023. The case (No. 2-1481/2023) was about the division of jointly acquired property with her ex-husband Evgeny N. The source ...

THE SUPREME COURT WILL CONTINUE TO LOOK INTO THE RATIO OF COLLATERAL AND TAX CLAIMS IN BANKRUPTCY

... repay the claims of the collateral creditor in the period after the commencement of bankruptcy proceedings. The rest of the claims were denied. The higher courts attributed the requirements of the Federal Tax Service to the priority order in full. The Supreme Court (SC) referred the complaints of the governor and the bank to the board, noting that, contrary to the arguments of the authorized body and the conclusions of the courts, the bank was not a beneficiary from the continuation of the production ...

THE SUPREME COURT WILL DEAL WITH THE ISSUE OF PROPER NOTIFICATION OF THE DEFENDANT ON THE DISPUTED TRANSACTION

... debtor's spouse and the defendant. In satisfying the application, the court of first instance proceeded from the non-market value of the disputed contract. The appeal refused to restore the missed deadline for appeal and was supported by cassation. The Supreme Court (SC) referred the defendant's complaint to the board for consideration and noted the following arguments: • The defendant indicates in his complaint that he has not received either an application for invalidation of the transaction or court ...

THE SUPREME COURT CRITICIZED THE BILL ON THE ORDER OF MANDATORY PAYMENTS

The Supreme Court (SC) did not support the draft law proposed by the Government of the Russian Federation on establishing the order of payment of income tax on the sale of bankrupt property. The highest authority indicated a number of reasons that do not ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION RETURNS COMPLAINTS ON NEW GROUNDS

Lawyers began to face the fact that consultants of the Supreme Court of the Russian Federation return complaints to applicants due to the fact that the power of attorney of the representative who committed the transfer was not presented in the case file. If the lawyer entrusts his powers of attorney issued ...

THE SUPREME COURT WILL LOOK INTO THE SPECIFICS OF THE SALE OF THE MAIN AND AUXILIARY PREMISES

... premises. The provision was approved by the court of first instance. The higher courts refused to satisfy the application, guided by the fact that the sale of premises in one lot violates the pre-emptive right of the shared co-owner of the premises. The Supreme Court of the Russian Federation referred the complaint of the applicant creditor in the bankruptcy case to the board and emphasized the following arguments: "According to the documents available in the case and examined by the courts, the ...

THE SUPREME COURT HAS DEALT WITH THE TIMING OF THE PRESENTATION OF THE WRIT OF EXECUTION FOR AN INDEFINITE SETTLEMENT

... deadline for its execution, the recoverer may require the debtor to fulfill the obligation immediately after the agreement enters into force. The writ of execution was presented in violation of the three-year term. The claimant filed a complaint with the Supreme Court of the Russian Federation, which agreed with his arguments. The debtor had only partially fulfilled its obligations and had no intention of fulfilling them further. Moreover, in 2021, the debtor appealed the court's decision to approve the ...

SUPREME COURT: WHEN ATTRACTING A SUBSIDIARY FOR UNPROFITABLE TRANSACTIONS, IT IS NECESSARY TO EVALUATE THE TRANSACTIONS THEMSELVES

... counterparties, execution of relevant judicial acts has not been lost. At the same time, the courts found that as a result of the actions of the defendants, the debtor suffered property damage, which entailed the impossibility of settlements with creditors. The Supreme Court of the Russian Federation sent the case for a new review and noted that the courts did not check whether the transactions imputed by the agency were significantly unprofitable based on the scale of the debtor's activities. The courts did ...

THE SUPREME COURT EXPLAINED IN WHICH CASE IT IS IMPOSSIBLE TO APPLY A REDUCED TAX RATE FOR CROSS-BORDER PAYMENT

... organization in the country with which the agreement on avoidance of double taxation was signed is, in fact, an intermediary of an offshore company, the Russian taxpayer will not be able to apply a reduced rate. In case no. A40-121109/2022, the Supreme Court issued ruling no. 305-ES23-13710 clarifying the position of the highest instance on the above issue. In particular, it discusses the nuances of applying a reduced tax rate on the profits of foreign companies when covering the interest of ...

HANDS OFF THE "RUSSIAN STANDARDS". THE SUPREME COURT REFUSED TO RECOVER 49% OF CITIBANK'S SHARES

The Supreme Court has denied the British Citibank satisfaction of the claim for the recovery of 49% of the shares of the bank "Russian Standard". The court ruled that Citibank was not a proper plaintiff. On September 25, Supreme Court Judge ...

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