September 27 Main results of the day

The Second Cassation Court of General Jurisdiction put a final point in the dispute over the invalidation of the resolution of the Moscow Government regarding the inclusion of a building owned by the Principal in the list of objects for which the tax base is determined as the cadastral value. Leaving the judicial acts in force, the Court of Cassation recognized the Principal’s calculations as correct and in accordance with the calculation methodology approved by the Moscow Government itself, and the calculations of the Moscow Government as erroneous. The Court of Cassation also agreed with the Principal on the insolvency of the arguments of the Moscow Government’s complaint about the need to terminate the proceedings due to the expiration of the three-year period. It is important that the arguments of the Principal were supported by the prosecutor, whose participation is mandatory in this category of disputes. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, and Rashid Gitinov, Head of the dispute resolution practice with government agencies of the Bureau of Lawyers “De jure”.

At the second round of consideration of the case, the Moscow City Court agreed with the arguments of the lawyers of the Bureau of Lawyers “De jure” about the inadmissibility of unjustifiably reducing the responsibility of the commercial seller to consumers and changed the decision of the court of first instance regarding the amounts of penalties to be recovered from the Defendant in favor of the Principals. Based on the results of the consideration of the case, the court recovered in favor of the Principals about 25% of the cost of the apartment in the form of various fines and penalties. The interests of the Principals were represented by Konstantin Tkachenko, head of the practice of legal support of entrepreneurship of the Bureau of Lawyers “De jure”.