October 2 Main results of the day

The Moscow City Court satisfied the administrative claim of the Principal to challenge the cadastral value of a real estate object with an area of about 4 thousand square meters. Despite the counter-arguments of the state bodies, lawyers from the Bureau of Lawyers “De jure” managed to prove that the established cadastral value is overstated, since it was determined by the mass valuation method without taking into account the individual characteristics of the Principal’s object. The arguments about the discrepancy with the established cost were also confirmed by the results of a forensic examination. As a result, the Principal will be able to optimize tax costs in the amount of more than 5 million rubles. The interests of the Principal were represented by Ilsur Zakirov, Senior lawyer of the practice of dispute resolution with state bodies of the Bureau of Lawyers “De jure”.

The Moscow Arbitration Court refused to satisfy the claim for recovery of damages in the amount of more than 13 million US dollars from the Principal. In the framework of the bankruptcy dispute, the creditor filed a claim to recover losses from the debtor’s bankruptcy trustee, as a result of whose inaction, according to the Plaintiff opinion, losses in the declared amount arose. But the lawyers of the Bureau of Lawyers “De jure” managed to prove that inaction is an abstinence from a mandatory action prescribed by regulatory requirements, and the bankruptcy trustee’s non-realization of the granted right and the choice of a different behavior strategy cannot be qualified as inaction. The activities of the arbitration manager to fill the bankruptcy estate must be rational in nature, not allowing senseless formal actions that entail an unjustified increase in the costs of carrying out procedures used in a bankruptcy case. The interests of the Principal were represented by Marina Nikolaenko, Head of the practice of the Bureau of Lawyers “De jure”.