December 5 Main results of the day

The Moscow City Court upheld the decision of the Ostankino District Court of Moscow on the administrative claim of the debtor, a French citizen, against the bailiffs on recognizing the actions/inaction of the bailiffs as illegal, lifting restrictions on traveling abroad and releasing real estate from arrest. The Bureau of Lawyers “De jure” represented in the dispute the interests of the claimant in the enforcement proceedings, in which the actions of the bailiff were appealed, and took a more active part in the consideration of the case than the bailiff himself. The subject of the dispute was that the debtor wanted to cancel the decision on the restriction on departure, as well as the measures taken by the bailiff to sell his real estate, indicating that this property is the only housing for him. The legal position prepared by us convinced the court of appeal that the rules on the impossibility of selling a single home are not applicable to a foreign citizen, as well as that the restriction on the debtor’s departure from the Russian Federation cannot be canceled due to abuse of the right on the part of the debtor. The interests of the Principal were represented by Marina Nikolaenko, Head of the Family and Inheritance Dispute Resolution Practice at the Bureau of Lawyers “De jure”.

The Moscow City Court satisfied the administrative claims of the Principal to challenge the cadastral value of real estate objects. Contrary to the counter-arguments of state bodies, Ilsur Zakirov, a senior lawyer in the practice of dispute resolution with state bodies of the Bureau of Lawyers “De jure”, who represented the interests of the Principal, managed to prove that the cadastral value established in relation to the objects is overestimated, since it was determined by the method of mass assessment without taking into account the individual characteristics of the objects of the Principal. Arguments about the discrepancy to the established cost were confirmed by the results of the forensic examination. As a result, the Principal will be able to optimize tax costs for two objects in the amount of more than 10 million rubles.