May 4 Main results of the day

The Ostankinsky District Court of Moscow dismissed an administrative claim – an application by a debtor, a French citizen, to the bailiffs to recognize the actions / inaction of the bailiffs as illegal, lift the restriction on traveling abroad and release from the arrest of real estate. 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 Defendant. 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 that the rules on the impossibility of selling the only housing are not applicable to a foreign citizen, and also that the restriction on the debtor’s travel outside the Russian Federation cannot be canceled due to the abuse of the right by 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”.