March 29 Main results of the day

The Ninth Arbitration Court of Appeal refused to satisfy the appeals filed by the Moscow Government and the Department of State Property of the City of Moscow, upholding the decision of the Moscow Arbitration Court to retain more than 6 thousand square meters of the building owned by our Principal. Refusing, the Court of Appeal agreed with the arguments of the Bureau’s lawyers about the availability of all necessary permits for the construction of a capital construction facility and the illegality of the Plaintiffs’ arguments about the Defendant’s failure to submit a construction permit, since during the construction of the disputed facility, the legislation did not provide for the issuance of a construction permit, and the initial permit documentation giving the right to construct the facility included two documents: the order of the prefect on permitting the design / construction (reconstruction, restoration, expansion) of buildings and urban planning conclusion. In addition, the courts pointed to the fact that the results of the judicial construction and technical expertise confirmed the compliance by the Principal with the requirements of construction and fire safety norms and rules during the construction of the building and the absence of a threat to the life and health of citizens. Together, this was also the basis for the courts to apply the statute of limitations, since the disputed building does not pose a threat to the life and health of citizens. The interests of the Principal were represented by Rashid Gitinov, Head of the practice of resolving disputes with state bodies of the Bureau of Lawyers “De jure”.