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THE SUPREME COURT HAS SET THE TIME FOR THE PAYMENT OF TAXES BY THE COLLATERAL CREDITOR

... property losses may be recovered from the perpetrators. Thus, experts note, as soon as a secured creditor gets the opportunity to use its status for economic benefit, it begins to be charged the appropriate taxes. As Kommersant notes, in practice, courts often prioritize the payment of taxes for the entire bankruptcy period. In this case, the pledge loses its economic meaning, which is unfair for the participants in the relationship. The Supreme Court of the Russian Federation noted that judges should not impose the burden of tax payments on the collateral creditor when lease payments from the collateral continue to be transferred to the bankruptcy estate. For example, this may occur ...

Supreme Court of Russia explained how to identify a fake creditor

... basis of a cession. First, the Moscow Arbitration Court satisfied the firm's claim by a ruling dated August 12, 2020. The court's verdict was confirmed by the appeal instance (decision of December 16, 2020), and then by the Moscow Regional Arbitration Court (decision of March 22, 2021). On November 9, the Supreme Court rejected to satisfy the claim of ‘Vesna’ and remitted the case for new consideration (determination of the Supreme Court No. 305-ES21-9462). The Supreme Court of Russia criticized the judges who refused to carry out an examination of the ...

BANKRUPTCY DOES NOT CANCEL THE OBLIGATION TO PRESERVE THE DEVELOPMENT OF MINERAL RESOURCES

... filed a lawsuit with the court (case no. A32-23477/23) on the obligation of the company to perform conservation of the facility (mining) within six months from the date of entry into force of the court decision. In refusing to satisfy the claims, the courts of three instances proceeded from the Ministry's omission of the 3-year limitation period. The Supreme Court of the Russian Federation sent the case for reconsideration and noted the following: • The obligation to liquidate or preserve a subsurface use object remains with the subsurface user until full execution (including in case of early termination ...

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