December 2 Main results of the day

The Ninth Arbitration Court of Appeal denied the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters in satisfying an appeal against a previously issued judicial act. Within the framework of this dispute, the court of first instance satisfied the application of the educational institution on the obligation of the Ministry of Emergency Situations of Russia to accept the complaint for consideration on the merits. The Collegium of the Court of Appeal agreed with the Bureau’s position that the refusal to accept the complaint is an action of a non-normative nature, subject to appeal in accordance with the procedure established by law. The interests of the educational institution were represented by Sergey Bibikov, senior lawyer of MCBA “Bureau of Lawyers “De jure”.

The judicial precinct of the Vykhino-Zhulebino district of Moscow considered an administrative case on bringing the Principal of MCBA “Bureau of Lawyers “De jure” to administrative responsibility under Part 2 of Article 12.7 of the Administrative Code of the Russian Federation (driving a vehicle by a driver deprived of the right to drive vehicles). On the evening of December 2, the car of the Principal of the Bureau was stopped by traffic police officers, during the inspection it was found that the Principal was deprived of the right to drive a vehicle in December 2019, but did not hand over his driver’s license, and did not pay the fine imposed during the deprivation of rights, drove, among other things, a car that was not registered. The Principal spent the night in the room of detainees of the territorial Police Department. Under these circumstances, the courts usually impose an administrative arrest for up to fifteen days or compulsory work for a period of one hundred to two hundred hours. But Konstantin Gurevich, lawyer of the Bureau, managed to convince the court that it was possible not to order an arrest in the presence of mitigating circumstances. As a result, the court agreed with the defense and issued an order imposing a minimum penalty in the form of a fine of 30 thousand rubles, which was immediately paid by the Principal with a 50% discount. Thus, the Principal managed to avoid negative consequences in the form of arrest or compulsory work. The interests of the Principal were represented by Konstantin Gurevich, lawyer of MCBA “Bureau of Lawyers “De jure”.