On March 20,\nin Moscow, the Pravo.ru conference \u201cResponsibility of top managers of the\ncompany: recovery of losses, subsidiary and criminal liability\u201d was held. MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d was the partner of the event.<\/p>\n\n\n\n
Nikita\nFilippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, made a presentation on \u201cInterim measures in cases\nof subsidiary liability\u201d. According to the Judicial Department of the Armed Forces\nof the Russian Federation, only about 30% of applications for interim measures\nare considered justified. Thus, there is a problem of proving the need for\ninterim measures, Filippov noted.<\/p>\n\n\n\n
The lawyer\nelaborated on the bankruptcy case of PJSC “Time-Bank”. Lawyers of “De\njure”, representing the interests of the Deposit Insurance Agency (DIA),\nmanaged to prove in the Supreme Court of the Russian Federation the need to\napply interim measures against the former owners of the collapsed Bank. “The\nSupreme Court has clarified what can be understood as reasonable suspicions,\nthereby formalizing to a certain extent the court’s discretion in this category\nof disputes, – head of MCBA \u201cDe jure ” stressed. In particular, when after\nthe issuance of a judicial act on bringing controlling persons to\nresponsibility, they are passive, they do not provide evidence that they have\nbegun to take measures for voluntary compensation for harm, cooperate with the\nDIA, for example, to disclose information that allows us to trace the fate of\nthe Bank’s property, at the expense of which creditors’ claims can be\nsatisfied, etc. There are no grounds to believe that the direction of behavior\nof the aforementioned defendants has now changed. Thus, the court took into account the\nbehavior of controlling persons both before the revocation of the license from\nthe Bank and during bankruptcy proceedings.\u201d<\/p>\n\n\n\n
According to\nthe expert, the mechanism for taking interim measures when considering disputes\non subsidiary liability needs to be improved. \nIn particular, it is necessary to establish a semblance of a\n\u201cpresumption\u201d of the validity of the requirements. “In accordance with\nthis “presumption”, the court should initially proceed from the need\nto apply interim measures, provided that the criteria for reliability and\nvalidity of the claim are met,” – Filippov is convinced. Also, the balance\nbetween the interests of the applicant and the person being held liable can be\nmaintained by providing greater guarantees of compensation for damages from the\napplication of unjustified interim measures. In addition, the requirement to\nconduct a comprehensive investigation of the circumstances established in other\nseparate disputes in bankruptcy cases, without re-proving them, should be\nestablished by law.<\/p>\n","protected":false},"excerpt":{"rendered":"
On March 20, in Moscow, the Pravo.ru conference \u201cResponsibility of top managers of the company: recovery of losses, subsidiary and criminal liability\u201d was held. MCBA \u201cBureau of Lawyers \u201cDe jure\u201d was the partner of the event. Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, made a presentation on \u201cInterim measures in cases of…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111],"tags":[163],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32997"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"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=32997"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32997\/revisions"}],"predecessor-version":[{"id":32998,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32997\/revisions\/32998"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=32997"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=32997"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=32997"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}