{"id":33459,"date":"2020-12-30T16:50:35","date_gmt":"2020-12-30T13:50:35","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?page_id=33459"},"modified":"2020-12-30T16:50:37","modified_gmt":"2020-12-30T13:50:37","slug":"press-review-for-january-16-31-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-january-16-31-2020\/","title":{"rendered":"Press review for January 16-31, 2020"},"content":{"rendered":"\n

MCBA “Bureau of Lawyers “De jure” forms a new judicial\npractice regarding former owners of bankrupt organizations<\/strong><\/p>\n\n\n\n

Pravo.ru reports that on January 24, the Moscow\nArbitration Court took interim measures in the form of seizure of money and\nproperty of persons controlling the debtor for a total amount of almost 8\nbillion rubles.<\/p>\n\n\n\n

According to the online edition, earlier in the\nframework of the dispute about bankruptcy of PJSC “Time-Bank” (case\nno.A40-168999\/15-4(38)-543B), the Deposit Insurance Agency, whose interests are\nrepresented by MCBA “Bureau of Lawyers “De jure”,  convinced the Supreme Court of the need to\napply interim measures regarding the former owners of the collapsed Bank\n(Determination of the Judicial Board on Economic Disputes of the Supreme Court\nof the Russian Federation \u2116 305-ES19-16954 of 09.01.2020 in case \u2116\nA40-168999\/2015).<\/p>\n\n\n\n

The Supreme Court, in particular, indicated\nthat the court of the first instance established the fact that the persons\ncontrolling the debtor had committed unfair actions aimed at withdrawing\nsignificant amounts of money from the Bank by issuing deliberately\nnon-refundable loans to the detriment of the interests of the credit\ninstitution’s clients. And in the future, the Defendants did not take any\nmeasures to voluntarily compensate for the harm, did not begin to cooperate\nwith the Deposit Insurance Agency, for example, regarding the disclosure of\ninformation that allows us to trace the fate of the Bank\u2019s property.  And since the court found no reason to\nbelieve that the Defendants would change their behavior, the Supreme Court\noverturned the judicial acts of lower courts and issued a decision which\nsatisfied the requirements for interim measures.<\/p>\n\n\n\n

The standard for proving reasonable suspicions\nfor taking interim measures, developed by lawyers of MCBA “Bureau of\nLawyers “De jure”, has now been adopted by the Arbitration Court of Moscow,\nPravo.ru states.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/company_news\/217858\/<\/a> <\/p>\n\n\n\n

A quarter of a century in the life of a Russian lawyer<\/strong><\/p>\n\n\n\n

On the “Captains of business” program\non radio \u201dMediametrics\u201d, Nikita Filippov, Head of MCBA “Bureau of Lawyers\n“De jure\u201d, told how legal practice has changed over a quarter of a\ncentury. \u201cIn a planned economy, a huge number of issues were resolved\nadministratively, and in a market economy, a need arose for an independent\narbitrator who would resolve disputed issues; \nthis role is assigned to the court in our legal system,\u201d-Filippov\nshared.<\/p>\n\n\n\n

He recalled that MCBA “Bureau of Lawyers\n“De jure\u201d was established in 2003. \u201cPeople liked the way I worked\npersonally, as a lawyer.  There were a\nlot of requests.  There was a need for\none assistant, in another, a team appeared. \nAfter that, the question arose of its isolation for solving larger\ntasks. First we became a division of a larger bar Association, and in 2011 we\nformed our own legal entity, which is consistently developing and growing. Today\nwe have 24 lawyers and more than 100 trainees and assistant lawyers, “-\nthe head of \u201cDe jure\u201d concluded.<\/p>\n\n\n\n

Speaking about the prospects for the\ndevelopment of the legal market and the profession of a lawyer, Filippov noted\nthat he was optimistic about the future. \nHe considers the introduction on October 1, 2019 of a ban on judicial\nrepresentation of persons without a higher legal education an important\nmilestone on the path of increasing professionalism. \u201cThis measure is aimed,\nessentially, against deceiving consumers of legal services, to fight\nunscrupulous entrepreneurs.  The fight\nfor the quality of legal services is the right way,\u201d – the lawyer is sure.  According to him, the next step may be the\nintroduction of a lawyer monopoly on judicial representation. “If the\nconcept of a lawyer’s monopoly wins, then in 2-3 years we can expect the\nintroduction of a provision that only a lawyer can exercise judicial\nrepresentation. In my opinion, this will lead to the admission of all free\nlawyers to the bar, as well as to the introduction of specialization of lawyers\nin the branches of law,”-  the head\nof “De jure” believes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.youtube.com\/watch?v=U45BoiiUEzM&feature=youtu.be&t=1239\n(\u0441 20.45)     <\/p>\n\n\n\n

How to find a forensic specialist for 200 million?<\/strong><\/p>\n\n\n\n

The newspaper Kommersant reports that Trust,\nwhich the Central Bank has turned into a Bank of bad debts, intends to attract\nspecialists to investigate the thefts. \nUntil now, the Bank tried to cope with this task itself, but now it is\nready to spend about 200 million rubles on services, it follows from the tender\ndocumentation. Commenting on this news at the request of the publication,\nNikita Filippov, Head of MCBA “Bureau of Lawyers “De jure\u201d, noted\nthat the only thing that raises questions is the timing of the competition \u2013\nthree working days. “Only companies specializing in participation in such\ntenders and such work will be able to prepare a package of documents confirming\nthe existence of competencies, taking into account the requirements for foreign\njurisdictions,”- the lawyer is sure.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.kommersant.ru\/doc\/4225360<\/a> <\/p>\n\n\n\n

Don’t take money!<\/strong><\/p>\n\n\n\n

\u201cNovye Izvestia\u201d is wondering what bribes are\nbeing given in modern Russia.  And why is\nit still difficult for us to fight this evil?<\/p>\n\n\n\n

Nikita Filippov, Honorary Lawyer of Russia, Head\nof MCBA “Bureau of Lawyers “De jure\u201d, recalls that on December 24,\n2019, the Plenum of the Supreme Court of the Russian Federation amended the\nResolution “On judicial practice in cases of bribery and other corruption\ncrimes”. Among other things, the interpretation of such a subject of\nbribery as property rights has been expanded in terms of the ability to receive\nincome from the use of uncertified securities or digital rights.  \u201cAnd this seems logical in connection with\nthe development of digital technology,\u201d- the lawyer notes. –  \u201cWe understand that today bribes can be\ntaken, for example, with bitcoins … And the fact that the Supreme Court\nprovides an instrument to combat the latest forms of bribery is welcome.\u201d<\/p>\n\n\n\n

Read more \u2013 https:\/\/newizv.ru\/news\/politics\/25-01-2020\/dengi-ne-brat-kakie-vzyatki-dayut-v-sovremennoy-rossii<\/a> <\/p>\n\n\n\n

Liquidation netting to help!<\/strong><\/p>\n\n\n\n

Information and analytical portal “Banks\ntoday” publishes the author’s article of the assistant lawyer of the MCBA\n“Bureau of Lawyers “De jure” Yakov Prisyazhnyuk, which contains\nan analysis of such a new concept for Russian legal practice as liquidation\nnetting. Its bases are established by the Federal law of December 27, 2019 N\n507-FZ “On amendments to Article 20 of the Federal Law “On banks and\nbanking activities” and the Federal Law “On insolvency\n(bankruptcy)” regarding the development of financial market\ninstruments”.<\/p>\n\n\n\n

\u201cCounterparties who have concluded a General\nagreement with the Debtor on the terms of transactions on the financial market\nearlier than a month before accepting the application for declaring the Debtor\nbankrupt (for banks – earlier than a month before revoking the license), now,\nunder certain conditions, can count on the satisfaction of their claims\nbypassing the sequence of requirements creditors established by the Law on\nbankruptcy,\u201d- the lawyer of \u201cDe-jure\u201d concludes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/bankstoday.net\/last-articles\/likvidatsionnyj-netting-chto-eto-takoe#author-block<\/a> <\/p>\n","protected":false},"excerpt":{"rendered":"

MCBA “Bureau of Lawyers “De jure” forms a new judicial practice regarding former owners of bankrupt organizations Pravo.ru reports that on January 24, the Moscow Arbitration Court took interim measures in the form of seizure of money and property of persons controlling the debtor for a total amount of almost 8 billion rubles. According to…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33459"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33459"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33459\/revisions"}],"predecessor-version":[{"id":33460,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33459\/revisions\/33460"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33459"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}