March 23 Main results of the day

The Presidium of the Supreme Court of the Russian Federation agreed with the arguments of the insurance company “Arsenal” – the Principal of the Bureau of Lawyers “De jure” and canceled the decision of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation. The significance of this victory is not only that the Presidium of the Supreme Court of the Russian Federation canceled the decision of the Judicial Collegium of the Supreme Court of the Russian Federation, and not only that this is the first consideration of an economic dispute by the Presidium in a year and a half. The dispute itself is also interesting, at the basis of which the question arose about the term of the guarantee in customs relations, the balance of private and public interests, and the possibility of a teleological interpretation of legal regulation by the court. MCBA “Bureau of Lawyers “De jure” together with partners managed to prove that there are no exceptions in determining the term of guarantee for customs relations. The Presidium also disagreed with the statements of the customs authority about the prerequisites for damage to the budget of the Russian Federation and the threat to economic security due to the reduction in the terms of customs control, since such an interpretation is a clear violation of the principle of balancing public and private interests. The interests of the Principal were represented by Svetlana Emelyanova, lawyer, and Nikita Filippov, Head of the Bureau of Lawyers “De jure”.