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THE SUPREME COURT HAS UPDATED THE EXPLANATIONS ON THE PAYMENT OF STATE DUTIES

The September increase in the rates of state duties caused the Supreme Court to review a number of legal clarifications. The Plenum of the Supreme Court of the Russian Federation has updated the resolution, in which it noted the loss of relevance of some of the previously adopted acts. The changes, in particular,...

THE SUPREME COURT WILL LOOK INTO THE REMUNERATION OF THE MANAGER WHEN SELLING THE COLLATERAL

... instances partially satisfied the application, setting a percentage of the remuneration in the amount of 4.5% of the amount of satisfied claims of the collateral creditor. The debtor's creditor did not agree with this approach and filed a complaint with the Supreme Court, pointing out that the services for the sale of the collateral were provided not by the manager, but by the organizer of the auction, who received a significant reward. In such circumstances, the manager is not entitled to claim the maximum ...

THE SUPREME COURT PROPOSED TO ALLOW THE DEFENDANTS TO LEAVE FOR A SPECIAL MILITARY OPERATION

The Supreme Court of the Russian Federation proposed to make it possible to suspend the criminal case of participants in a Special Military Operation at the trial stage. Recall that now it is possible to do this exclusively at the investigation stage. The ...

THE SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT

... all, as a result, the bank received only a share in the "Customs Card", estimated at 142 million, writing off about 2.3 billion of debt from its balance sheet. Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former head pointed out, he did not receive any financial benefit from the transactions. Now his complaint is to be considered ...

THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

The Economic Board (Judicial Board for Economic Disputes) of the Supreme Court of the Russian Federation considered Su Kim's complaint on July 2, 2024. The woman filed a lawsuit, which she conducted for several years with the Master Plus company, and then directly with its founder and head Konstantin Lee (case no. ...

THE SUPREME COURT RECOGNIZED INTEREST-FREE LOANS AS COMPENSATORY FINANCING

On June 26, 2024, the Judicial Board for Economic Disputes (SCES) of the Supreme Court of the Russian Federation issued a Ruling on the complaint filed by the tax authorities and one of the creditors of the Khakassetremont company in its bankruptcy case (No. A74-5439/2020). The applicants asked to cancel the cassation ruling ...

THE SUPREME COURT HAS DEFENDED THE INTERESTS OF THE CHILDREN OF THE DECEASED BANKRUPT

The Supreme Court of the Russian Federation defended the rights of the heirs of a bankrupt who died before the completion of the trial. The stumbling block was residential real estate, which the children of the deceased were to receive ownership after the ...

THE SUPREME COURT SIDED WITH THE BONDHOLDERS OF ROSSETI

The Supreme Court refused Rosseti to consider the company's complaint against the decisions of lower instances in favor of one of the bondholders, the Ronin Trust Management Company. According to Vedomosti, the bondholder demanded to recover 194.3 million ...

THE SUPREME COURT WILL LOOK INTO THE PRE-EMPTIVE RIGHT OF THE CORPORATION'S PARTICIPANTS IN THE BANKRUPTCY OF A PARTICIPANT

... out in the resolution of the Constitutional Court of the Russian Federation No. 23-P dated 05/16/2023, which changed the practice of exercising the pre-emptive right to purchase when selling a share in the right of common ownership, is applicable. The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out that the general provisions of paragraph 1 of Article 250 of the Civil Code of the Russian Federation, the constitutionality of ...

THE SUPREME COURT WILL CLARIFY THE CRITERIA FOR SINGLE HOUSING

... the apartment area in itself is not a reason for applying the rules on executive immunity to the disputed property, since otherwise the balance of interests of bankruptcy creditors and heirs of the debtor in favor of the latter will be disrupted. The Supreme Court referred the applicants' complaint to the board, stating the following: The conclusions of the courts on the possibility of the heirs living in the mother's apartment were made without taking into account the fact that the apartment is ...

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