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

... fees has been increased 10 times. In particular, the amount of state duties has increased when citizens apply for insolvency. Lawsuits that are considered within the framework of bankruptcy will also require payment of part of the standard fee. The Supreme Court of the Russian Federation has also declared obsolete some paragraphs in the rulings of the Supreme Arbitration Court of the Russian Federation, which were in force since the 1990s and 2000s. For example, paragraph 4 of paragraph 19 and paragraph 6 of paragraph 25 of the Resolution of the Plenum of the Supreme Arbitration Court of December 23, 2010 No. 63, which ...

THE SUPREME COURT PROPOSED TO "FREEZE" LEGAL DISPUTES WITH PARTICIPANTS IN HOSTILITIES

... violation of the rights of participants in the case and unification of procedural legislation. Earlier, Deputy Chairman of the Supreme Court Irina Podnosova said that a citizen's stay in the active part of the Armed Forces of the Russian Federation restricts ... ... this regard, in case of mobilization of the defendant, as well as at the request of the mobilized plaintiff, the arbitration court is obliged to suspend the proceedings in the case. Thus, Podnosova responded to the appeal of the General Director of the ...

Supreme Court of Russia to decide whether it is necessary to apply to the Russian Federal Service for Intellectual Property to approve a store sign

... representatives of the local administration refused to consider the consent confirmed by the Russian Federal Service for Intellectual Property. Rigla tried to challenge the refusal in the arbitration court (case No. А41-13514/20). However, all three courts refused to satisfy the demands, referring to the obligation to register the agreement on the use of the mark with the Russian Federal Service for Intellectual Property. After that the company has applied to the Supreme Court, believing that the legislation does not establish a specific form of consent, and transferring the right to use the brand can be done not only by obtaining a license. The Economic board of the Supreme Court of Russia is to consider the ...

SUPREME COURT OF RUSSIA: CREDITOR MAY MISS THE STATUE OF LIMITATIONS OF PENALTY PAYMENT IN BANKRUPTCY

... the penalty for the delay in fulfilling the obligation to be included in the register of creditors’ claims as well. The lower courts rejected the claim. The reason for the position was the running of a one-year limitation period. The judges considered ... ... from the moment of filing a claim for the recovery of the main debt, in which case the period has long passed. However, the Supreme Court has rejected this position, pointing out that in this case, the special provision of the Law on Freight Forwarding ...

THE SUPREME COURT SIDED WITH BANKRUPT AND DEFENDED MEMORIAL VALUE

... other day by the Judicial Board for Economic Disputes. The situation that developed during the bankruptcy case of Zhanna Karepanova (case №. А71-1097 / 2020) caused controversy among lawyers and ordinary people. According to experts, the decision of the Supreme Court may create a precedent in Russian law enforcement practice and affect not only the legal, but also the moral and ethical aspects of bankruptcy. The complaint of the financial manager Olesya Ogorodnikova against the court verdicts was considered on July 1.They did not want to exclude 1 million rubles of compensation, which was awarded for moral damage to a woman who lost her daughter as a result of murder in 2016, from the bankruptcy estate. The court ordered the ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE FEATURES OF BRINGING A HEAD OF COMPANY TO SUBSIDIARY LIABILITY

... bankruptcy trustee of the debtor demanded in court that the former head of the bankrupt company should be brought to subsidiary liability. The reason was the failure to file a bankruptcy petition in court in a situation of growing debts. The lower courts agreed with this, pointing out that the director had unreasonably omitted to act when the company's financial burden was growing. However, the Supreme Court did not agree with this interpretation of the situation. The Economic Board recalled that the question of the validity of the failure to file a petition on the debtor's insolvency by its head should be decided taking into account a number ...

THE SUPREME COURT OF RUSSIA: THE DEBTOR HAS A RIGHT TO BANKRUPTCY EVEN IF HE IS GUILTY OF CRIME

An individual initiated his own bankruptcy procedure in a situation of having the only debt to the state for a crime committed earlier. The courts of three instances terminated the proceedings on the application, citing the unlawfulness of the actions of the debtor himself and the absence of other creditors, but the Supreme Court of Russia canceled the decision, sending the case for reconsideration. The initiator of bankruptcy case was a woman found guilty of a crime - illegal organization and conduct of gambling. Within the framework of the criminal case, a claim ...

THE SUPREME COURT OF RUSSIA LEGALIZED THE RIGHT OF BANKRUPTCY TRUSTEE TO KNOW THE RELATIVES OF PERSONS CONTROLLING THE DEBTOR

... bankruptcy case, the trustee independently applied to the registry office with an application to provide him with information about the close relatives of the two participants in the debtor’s case, but his application was rejected. After that, he applied to court with a request for a judicial claim for this information, but there did not meet with understanding as well. The position of the Supreme Court of Russia was as follows. The trustee is obliged to take measures to replenish the bankruptcy estate by law. This can be done, inter alia, by identifying the range of transactions, the completion of which caused damage to the property interests ...

BANKRUPTCY DISCHARGE IS NOT ACCESSIBLE TO EVERYONE SUMMED UP THE SUPREME COURT OF RUSSIA

... consideration of the application expressed disagreement with the cancellation of the debt, citing the bad faith of the bankrupt. However, the courts did not see any grounds for a rejection and satisfied the trustee’s claim. The creditor complained to the Supreme Court of Russia, which supported him. The highest court recalled that the bankruptcy legislation established the good faith standard, which allows only an honest debtor to be released from debts. When determining the criteria for his good faith, one should take into account the unintentional fall into ...

THE SUPREME COURT OF RUSSIA: CURRENT PAYMENT CAN BE DISPUTED IN THE PRESENCE OF TWO CIRCUMSTANCES

... protection of property. The debtor, being the customer for the transaction, made several money transfers in favor of the contractor after the insolvency proceedings had been initiated, which was the reason for the filing of a claim by the manager. The courts of the first, appeal and cassation instances unanimously recognized a number of disputed transfers under the agreement as invalid, referring to the preferential satisfaction of the claims of one creditor in relation to others. However, the Supreme Court disagreed with this position regarding one of the payments. The fact is that one of the disputed transfers was made within the framework of an agreement concluded before the filing of a claim for declaring the debtor bankrupt. This circumstance ...

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