May 12 Main results of the day

The Moscow Arbitration Court fully satisfied the claims of the Client of the Bureau of Lawyers “De jure” for the recovery from the debtor the debt on the payment of lease payments and a penalty for a total of 7.3 million rubles, as well as for the recovery of a penalty for future periods. The Client’s interests were represented by Alexander Uchaykin, senior lawyer of the Practice of resolving Economic disputes at the Bureau of Lawyer “De jure”.

The Arbitration Court of the Krasnodar Territory refused to satisfy the application of the Ministry of Natural Resources of the Krasnodar Territory to the Principal of the Bureau of Lawyers “De jure” on the termination of the right to use a water body. The Principal applied for help to the Bureau during a new round of consideration of the case after the court of cassation canceled the judicial acts in favor of the Principal, pointing out significant mistakes made by the courts during the first round of consideration of the case. Taking into account the position of the court of cassation instance, the lawyers of the Bureau carried out significant work to protect the interests of the Principal, in particular, they provided a response to the application, consulting work on the conclusions of specialists, which were subsequently submitted to the court with written additions reinforcing the arguments of the specialists. Refusing to satisfy the application, the court based the reasoning part of the decision on the position of the lawyers of the Bureau, based on the conclusions of the expert opinion, as well as the position on the need to use, by analogy, the legal approach of the Plenum of the Supreme Court of the Russian Federation in resolving other disputes, partly similar to the subject of the dispute with the participation of the Principal. In addition, the court agreed with the arguments of the Bureau of Lawyers “De jure” that, despite the legal position of the Ministry of Natural Resources of the Krasnodar Territory, it is necessary to take into account in the litigation the strategic importance of the Principal’s facility involved in the gas industry for the fulfillment of international obligations for uninterrupted gas supplies. The interests of the Principal were represented by Rashid Gitinov, Head of the practice of resolving disputes with state bodies of the Bureau of Lawyers “De jure”.