September 25 Main results of the day

The Moscow Arbitration Court refused to satisfy the claim against the Principal under the contract, agreeing with the arguments of the lawyers of the Bureau of Lawyers “De jure” about the improper performance by the Plaintiff (contractor under the contract) of its obligations both in terms of the scope of work (the work was completed in almost 1/5 of the contract price) and in terms of the timing of the work (completed with almost a year’s delay). The lawyers of the Bureau also managed to convince the court that failure to submit executive documentation to the submitted acts of completed works is a significant violation of the terms of the contract and grounds for refusal to pay for the completed works submitted for acceptance. The interests of the Principal were represented by Rashid Gitinov, head of the practice of the Bureau of Lawyers “De jure”.

The Arbitration Court of the Moscow District left the cassation appeals of the procedural opponents without satisfaction, and the judicial acts of the first and appellate instances unchanged. Within the framework of this dispute, the lower courts recognized the Principal’s claims for the recovery of property totaling more than 4 million rubles from the Defendant’s illegal possession as justified. The courts also satisfied the requirement to recover a court penalty from the Defendant in case of non-fulfillment of the court’s decision on a voluntary basis. In the court of cassation instance, lawyers of the Bureau of Lawyers “De jure” managed to defend the legality of judicial acts, refute all the arguments of the Defendants and the proportionality of the amount of the awarded court penalty. Moreover, as part of the dispute, the Bureau’s lawyers have already managed to obtain in kind most of the claimed property. The interests of the Principal were represented by Irina Novikova, senior lawyer of the Bureau of Lawyers “De jure”.

In relation to the Principal, a large construction company, based on the results of an audit of the activities of the tax authorities, an act was drawn up with conclusions on the arrears of tax payments of the Principal debt, as well as penalties and fines in the total amount of more than 566 million rubles. Due to the large size of the arrears, the tax service sent the materials to the investigative committee, and a criminal case was initiated under Article 199 of the Criminal Code of the Russian Federation (tax evasion). The lawyer collected and analyzed a significant amount of documents, including explanations from contractors regarding the work performed (acts, contracts, applications, etc.), formed and presented to the investigation the defense position in the case, after which the criminal case was transferred by the investigation for examination, according to the conclusion of which many arguments of the protections found their objective confirmation,  and the amount of unpaid payments was reduced by more than 2 times. This reduction in arrears made it possible to fulfill obligations to the budget in order to reduce the negative consequences of criminal prosecution.