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THE SUPREME COURT EXPLAINED THE NUANCES OF ACCRUAL OF INTEREST ON THE CURRENT REQUIREMENTS OF EMPLOYEES

... filed a complaint about the inaction of the manager, expressed in the non-payment of compensation for unused vacation days and compensation for violation of the deadline for payment of wages. The courts of three instances granted the complaint. The Supreme Court of the Russian Federation, canceling judicial acts and refusing to satisfy the claim, noted the following: "The labor legislation provides for the accrual of interest in the event of a delay in the payment of wages to an employee, in ...

PARKING DOESN'T COUNT. THE SUPREME COURT FORBADE FINING A DRUNK MOTORIST

The Supreme Court of the Russian Federation considered the case on the issue of bringing a person to administrative responsibility for driving a vehicle under the influence of alcohol. A traffic police officer drew up a protocol on an administrative offense ...

THE SUPREME COURT WILL CONSIDER THE DISPUTE ON CHALLENGING THE ALIMONY PAYMENT TRANSACTION

... The courts of three instances satisfied the application, agreeing with the applicant's position. The transfer of the case to the judicial board of the Armed Forces of the Russian Federation was refused. By the decision of the Deputy Chairman of the Supreme Court of the Russian Federation, the case was referred to the board for consideration. The Chairman of the economic board agreed with the position on the improper assessment of the alimony nature of the disputed transfers, since documents confirming ...

THE SUPREME COURT WILL SORT OUT THE CONVERSION OF MONETARY CLAIMS OF AN EQUITY PARTICIPANT TO A BANKRUPT DEVELOPER

... requirements of construction participants. After the transfer of the developer's rights to the LLC, the creditor filed the above application, which was refused by the courts of three instances. The complaint was submitted to the Judicial Board of the Supreme Court of the Russian Federation, which in its ruling drew attention to the arguments of the creditor that her will was directed to obtaining ownership of the apartment paid for under the terms of the contract. Referring to the provisions of the ...

THE SUPREME COURT EXPLAINED THE NUANCES OF CALCULATING THE LIMITATION PERIOD FOR THE SUBSIDY

... of an agreement on the implementation of technological connection to electric networks concluded with the creditor. The amount of subsidiary liability is determined by the court based on the amount of obligations arising after the specified date. The Supreme Court of the Russian Federation sent the dispute for a new consideration, noting that the courts of appeal and the district mistakenly identified the term of the obligation with the term of its execution. At the same time, in the case under consideration,...

THE SUPREME COURT FOUND PREMATURITY IN THE COMPLETION OF THE BANKRUPTCY OF ANGSTROM INVEST

On December 26, 2022, the Economic Board issued a ruling on case no. A40-81667/2019. The complaint was sent to the Supreme Court of the Russian Federation by Zenit Bank, which is one of the two creditors of Angstrom Invest. The credit institution was not satisfied with the verdicts of the courts, who considered that all the creditors' claims in the case were satisfied....

SUPREME COURT: PENALTIES IN THE FRAMEWORK OF ENFORCEMENT PROCEEDINGS ARE NOT PREFERENTIAL TRANSACTIONS

This conclusion was reached by the Supreme Court of the Russian Federation following the consideration of the cassation appeal in the bankruptcy case No. A41-87429/19. In this case, the courts found that the debt owed to one of the creditors was confirmed by a judicial act that entered ...

SUPREME COURT : TIME-OUT IN ENFORCEMENT PROCEEDINGS DOES NOT EXCLUDE RESTRICTIONS ON THE DEBTOR'S DEPARTURE FROM THE COUNTRY

The Supreme Court of Russia recalled that the suspension of enforcement proceedings in itself does not exclude the restriction of the debtor to leave the country and does not apply to enforcement measures. The corresponding conclusion is contained in the ...

SUPREME COURT: REPAYMENT OF A BANKRUPT'S OBLIGATIONS BY A THIRD PARTY SHOULD NOT VIOLATE THE RIGHTS OF CREDITORS

A complaint on the following dispute was submitted to the Judicial Board for Economic Disputes of the Supreme Court in the framework of the bankruptcy case (No. A40-81667/19). In the bankruptcy procedure of the liquidated debtor, a third party's application for repayment of the debtor's obligations was under consideration by the courts. At the same time,...

THE SUPREME COURT HAS ESTABLISHED WHO PROVES THE GRATUITOUSNESS OF PAYMENT IN BANKRUPTCY CASES

The manager appealed against 11 transfers of the insolvent company, however, lost the case. So, he failed to document that the debtor received nothing in return. The Supreme Court of Russia sent the case for review, it follows from the file of arbitration cases. The court came to this decision in the bankruptcy case of the organization "Pirita" with the manager Sergey Spiryakin. The debtor made 11 transfers ...

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