April 26 Main results of the day

The Moscow Arbitration Court satisfied the claim of the Principal of the Bureau for the recovery of unjust enrichment in the amount of more than 36 million rubles under a contract for the construction of a residential building. When making its decision, the court reduced the claimed amount by only 53 thousand rubles, satisfying the requirements of the Principal in the rest in full. This dispute served two functions: increasing the bankruptcy estate of the Principal, who is in bankruptcy proceedings, in order to satisfy the claims of his creditors and minimizing the possible risks of bringing the general director of the construction company to subsidiary liability for the debts of his organization. The employees of the Bureau managed to successfully enter the process on behalf of the former CEO and convince the court of the validity of the claims of the construction company when  collecting receivables in almost full, bypassing the risks of using the limitation periods by opponents. The interests of the Principal were represented by Ilsur Zakirov and Dan Khorolets, lawyers of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.

The Moscow City Court issued a decision by which it satisfied the claims of the Principal to declare invalid from January 01, 2023 the clause of the annex to the resolution of the Government of Moscow “On determining the list of real estate objects in respect of which the tax base is determined as the cadastral value” and on the recovery from the Government of Moscow in benefit of the Principal of legal costs. This will reduce the Principal’s tax burden by more than two times! As part of the dispute, the court found justified the position of the Bureau of Lawyers “De jure” that the type of permitted use of the land plot on which the Principal’s property is located does not clearly provide for the placement of objects listed in Article 378.2 of the Tax Code of the Russian Federation, and the content of the type of permitted use of the land plot must be established taking into account the actual use of the property located on such a land plot. Thus, taking into account the evidence presented, the argument of the Moscow Government on the inclusion of the building in the 2023 list, based on the type of permitted use of the land plot, was declared illegal. The Principal’s interests were represented by Irina Novikova, Senior Lawyer of the Bureau of Lawyers “De jure”.