September 10. MAIN RESULTS OF THE DAY

The Second General Jurisdiction Court of Cassation agreed with the legal position of lawyers of MCBA “Bureau of Lawyers “De Jure” and canceled the previously adopted judicial acts in the case of divorce, recovery of alimony and division of jointly acquired property.  The grounds for the cancellation were the facts of the unlawful division of property by the court of the first instance. So, Chertanovskiy District Court of Moscow established the date of actual termination of joint households at the time when the Defendant had already withdrawn funds from his accounts, but the Plaintiff had not.  In addition, the first instance recognized the funds on the accounts of the client of the Bureau, opened and deposited into the account before marriage, as jointly acquired property.  The case has been sent for a new trial.  The interests of the Plaintiff in the court of cassation were represented by Igor Valuev and Fatima Gurbanova, lawyers of MCBA “Bureau of Lawyers “De Jure”.

The Second Cassation Court of General Jurisdiction dismissed the complaint of the procedural opponents of MCBA “Bureau of Lawyers “De Jure”and upheld the decision of Presnensky District Court of Moscow.  The court of the first instance recognized three apartments as the personal property of the client of MCBA “Bureau of Lawyers “De Jure”, divided two cars as jointly acquired property and collected the difference in the cost of cars from the Defendant in favor of the client of the Bureau. The appellate instance changed the decision regarding the recognition of the Defendant’s ownership of the car.  In the cassation instance, the Defendant asked to cancel the judicial acts in the case and make a new decision, which recognized two of the three disputed apartments as jointly acquired property.  But this requirement was refused.  The interests of the client were represented by Yulia Martynenko, advocate of MCBA “Bureau of Lawyers “De Jure”, Igor Valuev and Fatima Gurbanova, lawyers of Bureau.