July 26 Main results of the day

The Arbitration Court of the Moscow District refused to satisfy the cassation appeal of the Government of Moscow and the Department of State Property of the City of Moscow, leaving in force the judicial acts of lower courts on the preservation of more than 6 thousand square meters of the building belonging to our Principal. Denying the Government of the City of Moscow and the Department of State Property of the City of Moscow to satisfy the claim and the cassation appeal, the Cassation Court agreed with the arguments of the lawyers of the Bureau about the availability of all necessary permits for the construction of a capital construction facility and the illegality of the Plaintiffs’ arguments about the Defendant’s failure to submit a construction permit, since during the construction of the disputed object, the legislation did not provide for the issuance of a construction permit, and the initial permits granting the right to build the object included two documents: the prefect’s order on the permission of the design / construction (reconstruction, restoration, expansion) of buildings and the urban planning conclusion. In addition, the courts pointed to the fact that the results of the judicial construction and technical expertise confirmed the Principal’s compliance with the requirements of construction and fire regulations during the construction of the building and the absence of a threat to the life and health of citizens. Together, this was also the basis for the courts to apply the statute of limitations, since the disputed building does not pose a threat to the life and health of citizens. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers De jure, and Rashid Gitinov, Head of the Dispute Resolution Practice with Government Bodies.

The Tenth Arbitration Court of Appeal upheld the ruling on the refusal to invalidate the results of the first meeting of the debtor’s creditors. The Principal, being the majority creditor, decided that it was necessary to go to court with an application for the introduction of bankruptcy proceedings against the debtor and the beginning of the sale of property. However, the debtor and a number of creditors affiliated with him did not agree with this decision. The opponents made an attempt to disrupt the creditor’s meeting, and after the failure appealed to the court with a statement challenging its results. During the appeal proceedings, the complainants attracted the Federal Tax Service to their side; however, this did not help them to cancel the legal judicial act. Employees of the Bureau of Lawyers “De jure” refuted the unfounded claims of affiliated creditors and the tax authority, confirmed the legitimacy of the meeting and its results. The interests of the Principal were represented by Nikolay Polusitov, senior lawyer of the Bureau’s Tyumen branch.

The Arbitration Court of the Moscow Region protected the interests of the Principal, who is a creditor and an applicant in the bankruptcy case of the debtor, by returning the property withdrawn before bankruptcy to the bankruptcy estate. Lawyers of the Bureau of Lawyers “De jure” proved the abuse of the participants in transactions, according to which 3 parking spaces of the debtor were alienated on the eve of the bankruptcy procedure. Having evaluated the case materials, they argumentatively convinced the arbitration court that the Defendant’s arguments were not supported by admissible and sufficient evidence, and the application for challenging the transactions was justified. The interests of the Principal were represented by Ksenia Stikhina, senior lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”.