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Supreme Court of Russia will consider the suit of the Prosecutor General's Office against the ‘Azov’ Battalion

The Supreme Court of the Russian Federation plans to consider the case on recognizing the ‘Azov’ Battalion as a terrorist organization at the initiative of the General Prosecutor's Office. Hearing on this issue should be held in a closed format in a week. The administrative case arose at the request of the Prosecutor General's Office, which considered it possible to declare the organization a terrorist organization, as well as to ban its activities in Russia. We should recall that the day before...

Supreme Court of Russia specified when the FAS cannot intervene in bankruptcy auctions

The Supreme Court of Russia considered a case in which one of the potential buyers of the debtor's property made a decision to complain to the Federal Antimonopoly Service. The applicant was not satisfied with the fact that the bankruptcy trustee did not ...

Supreme Court of Russia indicated when the bankruptcy trustee is guilty of not challenging transactions

... were introduced against the company, another person, who had the procedural opportunity to challenge the transaction, was appointed to the position of the bankruptcy trustee. This fact confused the lower courts. The issue was finally resolved by the Supreme Court of Russia. As part of the company's bankruptcy case, one of its creditors demanded damages from the bankruptcy trustee. Inaction of the trustee became a justification - when it was necessary to challenge agreements on the withdrawal of ...

Supreme Court of Russia indicated the case of abolition of subsidiary liability

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related ...

Supreme Court of Russia granted the right to challenge the dismissal in a year

The Supreme Court of Russia took the side of the employee in one of the labor disputes, as he turned out to be the least protected in comparison with the employer. The employee, by agreement with the management, was fired on his own free will, but continued ...

Supreme Court of Russia rejected the failed groom’s claim to recover money from his bride

... talk of any loans, and the conversation about returning the money arose after their romantic relationship had broken down. The lower courts considered the receipt of the funds by the defendant unjust enrichment and recovered the money. However, the Supreme Court of Russia pointed out the mistake made by its colleagues. The trio of judges drew attention to the fact that there were not any debt obligations between the parties. The plaintiff, transferring funds, knew to whom he was transferring money ...

Supreme Court of Russia resolved the case with the purchase of real estate from debtor

The Supreme Court of the Russian Federation considered the case on challenging the settlement agreement concluded between the debtor and his creditors. The stumbling block was a real estate object - a land plot with buildings on it, which became the subject of an agreement. Previously, the land was sold to an individual, contrary to the requirements of the Land Code on the unity of its fate with the structure. This circumstance confused the judges, who reminded that in such a situation the transaction...

Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

The highest court considered the case, in the framework of which the debtor citizen was tried to be declared insolvent. The courts of lower instances considered that in the procedure used by the applicant it was illegal, however, the economic board recalled the peculiarities of legal relations. We are talking about an assignment agreement, under which the previous creditor of a citizen (a bank) sold the debt to him to another company. This company, due to the citizen's default on the loan, turned...

Supreme Court of Russia: what to do in the event of buying a car from a debtor

The Supreme Court of Russia published the text of the Review of Judicial Practice, which combines legal positions on various issues. Among them there are several bankruptcy cases, one of which we will consider in detail. As part of the usual civil circulation,...

Supreme Court of Russia indicated when it is possible to reclaim the debtor's property from his head

The Economic Board considered the case on the application of a bankruptcy trustee to reclaim the vehicles belonging to the company from the former head of debtor. The courts of three instances took the side of the anti-crisis manager. However, the Supreme Court of the Russian Federation identified the mistake made and sent the dispute for reconsideration. The trustee’s arguments boiled down to the fact that the vehicles belonged to the debtor, but his head, did not transfer them to the bankruptcy...

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