August 5 Main results of the day

The Ninth Court of Appeal rejected the application of the Department of Cultural Heritage for the recovery of a court penalty (astrent) in the amount of 200 thousand rubles per month from an owner of the cultural heritage object.

The Ninth Arbitration Court of Appeal upheld the ruling of the Moscow Arbitration Court to reject the Moscow Department of Cultural Heritage’s claim to collect from the Principal a penalty (astreinte) in the amount of 200,000 rubles per month for failure to comply with the court’s decision to preserve a cultural heritage object. (The court decision obliged the Company to: develop project documentation for the preservation of the facility, coordinate it with the Department, perform the work, provide reports and receive an acceptance certificate.)

As part of this dispute, lawyers were able to prove that:

The deadlines for performing work to preserve the cultural heritage site had not expired.

Satisfaction of the application would not stimulate the debtor to execute the judicial act, since its execution is currently objectively impossible. This impossibility is due to:

Failure by the Plaintiff to fulfill counter obligations (prolonged inconsistency of documentation).

The presence of unauthorized constructions of third parties on the site, preventing the receipt of the necessary permits

The interests of CentrInvestStroy LLC were represented by Ruslan Katana, lawyer of the practice of resolving economic disputes.