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COURT: IN A HIT-AND-RUN ACCIDENT, THE DRIVER IS FINANCIALLY RESPONSIBLE

The plaintiffs appealed to the court with a claim for recovery from the institution of compensation for moral damage as a result of an accident, in support of the claims pointing out that the defendant's employee hit a pedestrian, as a result of which the latter died from injuries. The claim was partially satisfied by the courts of the first and cassation instances with reference to the fact that the harm was committed while managing a source of increased danger. The Supreme Court of the Russian...

THE SUPREME COURT PROPOSED TO CONSOLIDATE THE CONCEPT OF ENTREPRENEURIAL ACTIVITY IN THE CPC

The Supreme Court of Russia has taken the initiative to liberalize proceedings in criminal cases of economic orientation. The corresponding proposal was sent by the Supreme Court to the State Duma. We are talking about amendments to Article 108 of the Criminal Procedure Code (CPC) "Detention". The Supreme Court proposes to add a note revealing the concept of entrepreneurial activity. According to Vedomosti, the proposed initiative provides for the consolidation of criteria in the law...

CHALLENGING TRANSACTIONS ON CORPORATE GROUNDS IN THE FRAMEWORK OF A BANKRUPTCY CASE

Challenging transactions in bankruptcy cases is possible not only on the grounds provided for in Chapter III.1. Federal Law No. 127-FZ dated 26.10.2002 "On Insolvency (Bankruptcy)" (hereinafter referred to as the Bankruptcy Law). The general civil grounds for the invalidity of the transaction and the grounds provided for by corporate legislation, in particular Federal Law No. 208-FZ of 26.12.1995 "On Joint Stock Companies" (hereinafter referred to as the Law on Joint Stock Companies)...

VS WILL UNDERSTAND THE "CRYSTALLIZATION" OF THE PLEDGE OF GOODS IN CIRCULATION

In the framework of the bankruptcy case (No. A40-192673/17), a creditor applied to the court with an application for the resolution of disagreements regarding the establishment of the collateral status. A number of loan agreements were concluded between the debtor and the creditor to ensure the fulfillment of obligations under which a contract was concluded for the pledge of goods in circulation – cars of certain brands. Prior to the initiation of the bankruptcy case, the parties had drawn up several...

SUPREME COURT: PENALTIES IN THE FRAMEWORK OF ENFORCEMENT PROCEEDINGS ARE NOT PREFERENTIAL TRANSACTIONS

This conclusion was reached by the Supreme Court of the Russian Federation following the consideration of the cassation appeal in the bankruptcy case No. A41-87429/19. In this case, the courts found that the debt owed to one of the creditors was confirmed by a judicial act that entered into force, on the basis of which enforcement proceedings were initiated. on the basis of which enforcement proceedings were initiated. During the said proceedings, collection orders were issued against the debtor...

SUPREME COURT : TIME-OUT IN ENFORCEMENT PROCEEDINGS DOES NOT EXCLUDE RESTRICTIONS ON THE DEBTOR'S DEPARTURE FROM THE COUNTRY

The Supreme Court of Russia recalled that the suspension of enforcement proceedings in itself does not exclude the restriction of the debtor to leave the country and does not apply to enforcement measures. The corresponding conclusion is contained in the ruling on the case of citizen Oleg Fedorov. So, in relation to the man, since the summer of 2020, there has been a consolidated enforcement proceeding on the issue of debt. In the spring of 2021, a procedure for restructuring his debts was introduced...

SUPREME COURT: REPAYMENT OF A BANKRUPT'S OBLIGATIONS BY A THIRD PARTY SHOULD NOT VIOLATE THE RIGHTS OF CREDITORS

A complaint on the following dispute was submitted to the Judicial Board for Economic Disputes of the Supreme Court in the framework of the bankruptcy case (No. A40-81667/19). In the bankruptcy procedure of the liquidated debtor, a third party's application for repayment of the debtor's obligations was under consideration by the courts. At the same time, the register included the claims of 2 creditors, one of which (the bank's claim) was based on the pledge agreement of shares on the credit obligations...

THE SUPREME COURT HAS ESTABLISHED WHO PROVES THE GRATUITOUSNESS OF PAYMENT IN BANKRUPTCY CASES

The manager appealed against 11 transfers of the insolvent company, however, lost the case. So, he failed to document that the debtor received nothing in return. The Supreme Court of Russia sent the case for review, it follows from the file of arbitration cases. The court came to this decision in the bankruptcy case of the organization "Pirita" with the manager Sergey Spiryakin. The debtor made 11 transfers to the Trading House World-Trade organization, Spiryakin asked to recognize them...

THE SUPREME COURT TOOK THE SIDE OF THE FU IN THE CASE OF GRANTING A WRIT OF EXECUTION

The financial manager asked the court to issue him a writ of execution in the framework of the debtor's bankruptcy case. We are talking about a document through which the transaction of the non-residential premises donation agreement between the debtor's wife and daughter will be declared invalid. Previously, it was recognized as such by the arbitration court. The courts of first instance and the appeal refused the financial manager's request. According to the authorities, in this case, the debtor's...

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