Press review for January 1-15, 2020

Lawyers of MCBA “Bureau of Lawyers “De jure” formed a new standard for proving sensible suspicions for taking interim measures against persons who controlled the debtors.

Pravo.ru reports that in the framework of the dispute about bankruptcy of PJSC “Time Bank” (Case No. А40-168999/15-4(38)-543Б), the Deposit Insurance Agency, whose interests are represented by MCBA “Bureau of Lawyers “De jure”, stated the requirement to bring persons controlling the debtor to subsidiary liability in the amount of over 500 million rubles. This application was upheld by the courts. The proceedings to determine the amount of liability were suspended until the formation of the bankruptcy estate and settlements with creditors (Determination of the Moscow Arbitration Court of 12/27/2018).

After that, the Deposit Insurance Agency appealed to the court to take interim measures against the former owners of the bank. The Plaintiff’s lawyers motivated this by saying that the Defendants’ dishonesty was already established in the framework of the satisfied dispute on bringing them to subsidiary liability, which means that additional confirmations of “reasonable suspicions” is not required.

Arbitration courts of three instances refused to satisfy the applicant’s claim, but on January 9, 2020, the Supreme Court reversed the decisions of lower courts and issued a new decision, which satisfied the application for interim measures in the amount of 480 million rubles.

How to protect your trademark rights?

5 million rubles may cost trademark infringement. How not to get a fine, what is a trademark and why you need to register it, – wonders Business.ru portal.

“According to Article 1515 of the Civil Code of the Russian Federation, the legal right holder has the right to demand not only the seizure and destruction of counterfeit goods at the expense of the violator, but also the recovery of compensation from him. Since the entry into force of Part 4 of the Civil Code of the Russian Federation (January 1, 2008), which regulates relations in the field of intellectual property right, Russian judicial practice has accumulated a very significant array of data that can effectively and efficiently protect the legitimate interests of legal right holders of trademarks even in complex and non-standard situations,”- Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, is sure.

How to launch a salute without annoying others?

At the request of the portal “Banks today” lawyers explain the rules of the game.

The right to peace and quiet, Nikita Filippov, lawyer of MCBA “Bureau of Lawyers “De jure”, says is on the list of basic, constitutional human rights. However, now liability for violation of this right is not provided for at the federal level – all these issues are left to the jurisdiction of the authorities of the constituent entities of the Russian Federation. “In some regions of the Russian Federation, numerous laws are being adopted for breaking the silence at night, while in others (for example, the Republic of Dagestan), such administrative responsibility is not included in the regional law at all. In other words, the Russian Federation does not intervene and does not impose a certain model for the organization of administrative-procedural legislation on its subjects,”- Head of MCBA “Bureau of Lawyers “De jure” notes.

According to him, for example, in the capital, legislative acts establish the period of night time from 23 hours to 7 in the morning. For the launch of salutes, fireworks and other pyrotechnic products at night, a warning or an administrative fine is provided

for citizens in the amount of one thousand to two thousand rubles;

for officials – from four thousand to eight thousand rubles;

for legal entities – from forty thousand to eighty thousand rubles.