January 24 Main results of the day

The Moscow City Court upheld the judicial act of the Nikulinsky District Court of Moscow on the division of the jointly acquired property of the spouses, issued in the interests of the Bureau’s client. As a result of consideration of the appeal, we managed to prove that, despite the fact that the former spouse is in bankruptcy proceedings, the second spouse has the right to his share of the property in a general lawsuit. The interests of creditors were taken into account in the course of the consideration of the case, and the arguments of the appeal were not confirmed. The interests of the principal were represented by Filippov Nikita Vladimirovich, Head of the Bureau.

Rashid Gitinov, Head of the practice of MCBA “Bureau of Lawyers “De jure”, published a monograph on the topic “Methods for investigating fraud in the field of auto insurance” in the development of a successful defense of his dissertation research in 2018  (with the award of the degree of Candidate of Legal Sciences). The monograph is devoted to a systematic study of the features of the investigation of fraud in the field of auto insurance from the standpoint of criminology, the theory of operational-search activity, legal psychology and forensic examination. The scientific work considers the mechanism and gives the author’s classification of typical methods of fraud in the field of auto insurance; the issues of psychology and typology of the criminal’s personality are investigated; typical sources of information about the committed or impending crime and the algorithm of the optimal set of verification measures carried out before the initiation of a criminal case are given; investigated the relationship of typical investigative situations, versions and planning of the investigation; proposed measures to overcome opposition to the investigation of fraud in the area under study; a system of tactical recommendations for the production of investigative actions is proposed, and recommendations are formulated for the appointment of various types of forensic examinations. The contents of the monograph can be found at the link.

The Arbitration Court of the Moscow District confirmed the legality of the decision of the Arbitration Court of the Moscow Region, which refused to satisfy the application of the Agency for Dispute Resolution in the Privatization Procedures of the Republic of Serbia on the recognition and enforcement of a decision of a foreign court (the Economic Court of Belgrade city) in relation to the Principal of the Bureau of Lawyers “De jure “. By the said decision of the Economic Court of Belgrade city, more than 440 million Serbian dinars (≈ 3.7 million Euros) were collected from the Principal of the Bureau, as well as a penalty in the amount of more than 600 thousand Euros. In the course of a lengthy litigation complicated by a foreign element, the Bureau of Lawyers “De jure” still managed to prove that the courts of the Republic of Serbia, including the Supreme Court of Cassation of the Republic of Serbia, committed significant procedural violations, which were the basis for refusing to recognize and enforcement of the decision of foreign courts in full on the territory of the Russian Federation. In addition, it was possible to convince the judges of the unfair behavior of the Agency’s representatives, who manipulated the translation of the legislation of the Republic of Serbia from Serbian into Russian in every possible way for the sake of their procedural position in the case. The interests of the Principal were represented by Nikita Vladimirovich Filippov, Head of MCBA “Bureau of Lawyers “De jure”, and Rashid Gitinov, Head of the practice of resolving disputes with state bodies.