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SUPREME COURT : PROVISIONS OF 44-FZ DO NOT APPLY TO PROFITABLE CONTRACTS

The Supreme Court of the Russian Federation considered the dispute on the claim of the procurement participant to the customer (case no. A55-17853/20). Notices of an auction for the placement of advertising structures were posted on the website of the city ...

FIGHT BANKRUPTCY. "MUSHROOMS OF BELOGORYE" REACHED THE SUPREME COURT

With a complaint against the verdict of the Belgorod arbitration, the company "Mushrooms of Belogorye" appealed to the Supreme Court. The firm does not abandon attempts to appeal the decision of the first instance, which introduced the bankruptcy procedure at the enterprise. This happened in the spring of 2022 on the initiative of Sberbank. In the fall of 2022, Rusbankrot ...

THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION

... to file for bankruptcy of the company. Following the results of the new review, the courts granted the application, pointing out that the defendant had not fulfilled the obligation to file the debtor's bankruptcy application in a timely manner. The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim on the basis of the following: The obligations under which the defendant was held accountable by the courts arose before the date of his appointment to the position ...

THE SUPREME COURT SPOKE ABOUT THE HARM TO BUSINESS REPUTATION IN SOCIAL NETWORKS

... damage to business reputation. The courts of three instances supported the plaintiff's arguments, pointing out that the information disseminated by the defendant is defamatory, does not correspond to reality and detracts from business reputation. The Supreme Court of the Russian Federation did not share this position, noting that harm can only be caused by a formed business reputation, and the plaintiff did not provide evidence of the formation of such a reputation. In addition, the supreme court ...

THE SUBSIDY FOR THE EX-TOPS OF THE "INVESTMENT BANK" WAS UPHELD BY THE SUPREME COURT

The former heads of the "Investment Bank" must pay about 50 billion rubles as subsidiary liability. Ten persons tried to appeal the earlier decision on this to the Supreme Court of the Russian Federation. However, Judge Ivan Razumov did not transfer their cassation complaints for consideration by the Economic Board. The corresponding Ruling (No. 305-ES14-7445) was issued on December 30. As part of the bankruptcy ...

THE SUPREME COURT HAS RELEASED THE BANKRUPT'S EX-WIFE FROM A JOINT OBLIGATION

The Economic Board of the Supreme Court in December 2022 had to consider the bankruptcy of one of the former spouses for the obligations of the other. The lack of uniformity in such lawsuits led to the fact that the lower courts had previously introduced the bankruptcy procedure ...

THE SUPREME COURT SPOKE ABOUT THE RIGHT OF THE DIRECTOR TO APPOINT HIMSELF BONUSES

... out by the members of the society who did not consent to such bonuses. The courts of three instances refused to satisfy the claim, referring to the effective work of the director, which justified the appointment of bonuses to himself. However, the Supreme Court did not agree with this approach, which drew attention to the fact that the current regulation does give the director the right to award employees, but in order to award bonuses to himself, he must obtain the consent of the corporation's ...

THE SUPREME COURT RECALCULATED THE TERMS IN THE DISPUTE ON SUBSIDIARY LIABILITY

... the company (No. A19-5157/2017), one of the creditors (JSC "IESK") tried to bring the ex-director to subsidiary liability. However, the issue of calculating the statute of limitations greatly confused the situation in which the judges of the Supreme Court of the Russian Federation had to deal with. From December 25, 2014 to June 25, 2019, Irina Voropaeva managed the activities of the Angarit company. According to representatives of "IESK", the woman violated the obligation to ...

THE SUPREME COURT WILL CONSIDER THE DISPUTE ON THE CHANGE OF MOTIVATION WHEN CHALLENGING THE TRANSACTION

... the debtor, in this regard, the rights of the creditor under the obligation fulfilled by him for the debtor to pay for the delivered goods were transferred to the customer. The customer did not agree with this wording and filed a complaint with the Supreme Court of the Russian Federation, indicating that payments were made by him not at his own expense, as indicated by the courts, but at the expense of existing debts to contractors to speed up the work, which was indicated by the debtor in the text ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE RECOVERY OF LOSSES FROM THE EX-DIRECTOR

... decisions on changing the size of his official salary, and in terms of incentive payments, the company's constituent and local documents do not explicitly prohibit the defendant from assigning incentive payments to himself as the general director. As the Supreme Court pointed out, according to the applicant of the cassation complaint, the courts actually support the position that the executive body of the company, regardless of the will or approval of its founders, without any legal consequences, to accrue ...

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