Search

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 ...

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

... that the money transferred to the woman was provided as a loan, while the defendant, in turn, claimed that there was no 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 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 ...

Supreme Court of Russia resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: it was a house with an area of over 300 sq.m., as well as the land plot on which it was located. The process was initiated by the debtor himself, who, referring ...

Supreme Court of Russia considered the case of a deposit disappeared from Sberbank

... documents indicating the closure of the deposit, citing a five-year storage period. When the case was sent for consideration of the Supreme Court of Russia, the plaintiff's party referred to the fact that the applicant had only a certificate of the existence ... ... performed. Both documents were issued by the bank, and the woman had no idea that they had been issued incorrectly. Then the Supreme Court asked the bank if it had an expense cash order at its disposal, confirming the fact that the client had been given funds,...

Supreme Court of Russia clarified who should be responsible for labor obligations in bankruptcy

On the eve of the New Year, Supreme Court of Russia issued another resolution of the Plenum, which provides for the legal clarifications in the field of labor law. The document deals with the peculiarities of the application by the courts of general jurisdiction of two articles - 5.27 and 5.27.1 of the Administrative Code. Both norms are related to violations of labor legislation, as well as labor protection requirements. According to the explanations, as a rule, employers are ...

Supreme Court of Russia indicated on what grounds it is impossible to impose subsidiary liability

... persons controlling the debtor-bank to subsidiary liability. The bankruptcy trustee insisted that the defendant had approved transactions that ruined the bank, and had not taken measures to improve financial situation in the credit institution. The courts of three instances unanimously upheld the applicant's position and satisfied the claim. Then the defendant applied to the Supreme Court of Russia, where he was supported. The Economic Board listened to the arguments of the initiator of the complaint, who stated that the transactions he had approved did not harm the bank. In one of them, where a multimillion-dollar loan was ...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the ...

Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children

The question of the ability of bankruptcy trustee to make inquiries and receive information about the property of the descendants of a bankrupt citizen was considered by the Supreme Court. The initiator in the case was Sergei Gulyaev, who had previously gone through all judicial instances, trying to oblige Russian State Register employees to obtain the relevant data through arbitration. In case No. А56-6326 / 2018, Sergey Rassvetov ...

Supreme Court of Russia resolved the dispute with the missing cars of debtor

The Supreme Court of Russia considered the case of the debtor's property, which, according to him, was out of his possession. However,... ... and found out that he was not there. After the prosecutor's refusal to initiate a case, the creditor challenged this act in court, but three instances in a row sided with the supervisory authority. The situation was changed by the Supreme Court of the ...

Sorted by relevance | Sort by date