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Constitutional Court of Russia recognized the lawfulness of seizure of documents from the counterparty

... the fact of the offense. Employees of the tax authority during the seizure are obliged to report in respect of whom and for what offense the audit is being carried out, as well as for what reason the documents are being sought here. Thus, the seizure resolution itself must contain information that reflects both the subject of the audit and the rationale for searching for the necessary documentation. What is more, the counterparty has the same rights as the person being audited.

The procedure for passing medical and social examination will be changed again

... will be applied in the situations where a person is in a boarding school, in case of discrepancies between the data of medical examinations and the conclusions of doctors, as well as, if necessary, undergoing additional diagnostics. In addition, the resolution also provides for the introduction of a remote option for passing the commission. It will be available from next summer and is set for citizens who do not agree with the decision of the local commission. In such cases, they will be provided ...

Constitutional Court of Russia pointed to the right of a person controlling debtor to challenge the inclusion of debt in the register of creditors’ claims

The Constitutional Court of Russia considered the case on the complaint of a person controlling debtor who was brought to subsidiary liability. The applicant believed that he had a right to challenge the debts to the tax office, which were included in the register of creditors’ claims, but the lower courts rejected his claims. As part of the company's bankruptcy case, creditors filed claims and were included in the register of creditors’ claims. Among them, there was the tax inspectorate with...

Is bankruptcy trustee obligated to offer a deal to the third auction participant?

A case in which the parties disputed the actions of a bankruptcy trustee was submitted for consideration of the Arbitration Court of the Moscow District. Some of the participants believed that he should had offered the deal to the third auction participant, while others believed that he should had initiated another procedure. The district court dealt with the legislative subtleties on this issue. As a part of the bankruptcy case, the trustee organized an auction for the sale of the receivables...

Supreme Court of Russia found errors in the satisfaction of claim for reconsideration of case

... considered it unfounded and complained to the Supreme Court of Russia. The arguments of the judges of three instances, in fact, boiled down to two aspects arising from the judicial act within the framework of the insolvency of the creditor itself. The resolution established the fact of the invalidity of the assignment agreement, on which the applicant based his claims against the debtor. In addition, the fact of affiliation of the parties to the transaction was reported in the judicial act. However,...

Supreme Court of Russia did not give a permission for re-consideration of the application for bringing to subsidiary liability

The Economic Board considered the case based on the complaint of one of the debtor’s controlling persons, who remained dissatisfied with the judicial acts issued by the appeal instance and the district court. The lower instances did not see the identity in the claims for bringing the persons controlling debtor to subsidiary liability, given that the courts had already considered a similar claim earlier. The Economic Board considered the case based on the complaint of one of the debtor’s controlling...

Non-governmental experts may be prohibited from challenging the cadastral valuation

The State Duma received a draft resolution, according to which examinations related to challenging the cadastral value of construction sites and territories can only be carried out by state experts. The proposal was posted by the Ministry of Justice on October 11 on the Federal Portal ...

THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ADMITTED THE INDEXATION OF AMOUNTS TO BE COLLECTED

On July 22, the Constitutional Court of Russia ruled that Article 183 of the Arbitration Procedure Code of the Russian Federation was unconstitutional. The norm contains provisions on the indexation of previously collected amounts. According to the Constitutional Court of the Russian Federation, part 1 of the article in question does not correspond with the Constitution of the Russian Federation and needs to be changed. The reason for the detailed examination of the norm was the request of the...

PRE-TRIAL PROCEDURE FOR FILING APPEALS WAS INTRODUCED FOR SELF-REGULATORY ORGANIZATIONS OF BANKRUPTCY TRUSTEES

... introduce a new instrument for challenging the actions of control agencies for all types of control, without exception, regulated by the regulatory act on state control, the Russian Government noted in a statement. Click here for the full text of the resolution.

THE SUPREME COURT OF RUSSIA SPECIFIED LEGITIMATE EXCUSES FOR FAILURE TO PAY ALIMONY

The Supreme Court specified a number of legitimate excuses for non-payment of alimony. This is stated in the draft resolution of the plenum of the Highest court instance, which is currently being developed. The Supreme Court considered that reasons that do not depend on the will of the defaulter may become valid. These include, in particular, military service, illness,...

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