{"id":33285,"date":"2020-07-08T10:49:00","date_gmt":"2020-07-08T07:49:00","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?p=33285"},"modified":"2020-08-11T10:49:59","modified_gmt":"2020-08-11T07:49:59","slug":"july-8-main-results-of-the-day","status":"publish","type":"post","link":"https:\/\/de-ure.ru\/en\/2020\/07\/08\/july-8-main-results-of-the-day\/","title":{"rendered":"July 8.   MAIN RESULTS OF THE DAY"},"content":{"rendered":"\n<p>The Arbitration\nCourt of Primorsky Krai recovered from the agent of the insurance company debt\nin the amount of RUB 90 million. Lawyers of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d Ekaterina\nRusakova, Murad Agayev, Evgeny Mikhailov prepared legal position and took part in\nthe trial.<\/p>\n\n\n\n<p>Krasnodar Regional\nCourt left unchanged the act of the first instance on the refusal of the Plaintiff\nin the claim to invalidate the pledge agreement concluded with the Bank. The\nBank&#8217;s interests were represented by Marina Nikolaenko, lawyer of \u201cDe jure\u201d.<\/p>\n\n\n\n<p>As part of\nthe bankruptcy case of an individual, the Arbitration court of Tyumen region\nincluded In the register the Bank&#8217;s claims for the sum more than 50 million\nrubles. The Bank&#8217;s interests were represented by Ksenia Stikhina, lawyer of the\nTyumen division of \u201cDe jure\u201d.<\/p>\n\n\n\n<p>Primorsky\nregional court left unchanged the decision of the Leninsky district court of\nVladivostok, which collected 3 million rubles of debt and interest for using\nborrowed funds. The former Deputy Director of the insurance company was\nreceiving the money from the cash register under report and did not return it. And\nshortly before the bankruptcy, the company allegedly &#8220;forgave&#8221; the\ndebt. Lawyers &#8220;De jure&#8221; in the beginning disputed the deal on the\ndebt forgiveness. Then a claim was filed on behalf of the bankruptcy Trustee\nfor recovery of unjust enrichment. The Defendant referred to the fact that he\nwas in an employment relationship with the company and, therefore, it is\nnecessary to apply the reduced (one-year) limitation period, which by that time\nhas expired. In addition, in his opinion, the procedure for identifying debt\nestablished by labor legislation was not followed.&nbsp; Employees of MCBA \u201cBureau of Lawyers \u201cDe\nJure\u201d were able to prove that the claim against the debtor is exclusively civil\nin nature, the claim is based on a contested transaction, and not on an\nemployment relationship, and, therefore, the limitation period is three years. However,\nemployment issues, including, for example, the existence of a full liability\nagreement, should not be taken into account. The court of appeal agreed with\nthe Plaintiff&#8217;s arguments. The preparation of procedural documents was handled Ekaterina\nRusakova, lawyer of \u201cDe jure\u201d, and in court the interests of the Principals\nwere represented by \u201cDe jure\u201d lawyer Yevgeny Mikhailov.<\/p>\n\n\n\n<p>The\narbitration court of Primorsky Krai refused the IFNS for the Frunzensky\ndistrict of Vladivostok to include in the register of claims for 6.45 million\nrubles for administrative fines (in total \u2013 more than 200 fines). Previously,\nemployees of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d successfully challenged the\nfines, filing applications for review for each of them on newly discovered\ncircumstances. Such a circumstance was the Decision of the constitutional court\nof the Russian Federation, which recognized that violations for which there is\na special extended period of one year for prosecution, described very vaguely.\nHaving proved that the usual three-month period of bringing to responsibility\nshould be applied in cases, &#8220;De jure&#8221; achieved the cancellation of\nfines, which led to the refusal to include the requirements of the tax\nInspectorate in the register of creditors of the insurance company. The penalty\ntrials were conducted by Oscar Bareev, lawyer of \u201cDe jure\u201d. The interests of\nthe bankruptcy Trustee in the bankruptcy case were represented by lawyer of\n&#8220;De jure&#8221; Eugene Mikhailov.<\/p>\n\n\n\n<p>Perovsky\ndistrict court of Moscow fully satisfied the requirements of the bankruptcy\nTrustee of the Bank &#8211; the Principal of &#8220;De jure&#8221; and issued a\ndecision on joint recovery from the Company and its guarantor of the debt under\nthe loan agreement in the amount of 6.4 million rubles. In the course of the\nproceedings, the court dismissed the Defendants&#8217; requests for falsification of\nevidence, as well as a counterclaim for recognition of the guarantee agreement\nas not concluded. The interests of the bankruptcy Trustee were represented by\nYaroslav Baldin, lawyer\nMCBA \u201cBureau of Lawyers \u201cDe Jure\u201d.<\/p>\n\n\n\n<p>The Moscow\ncity court upheld the decision of the Butyrsky district court of Moscow, which\nrefused to satisfy the claim to the client of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d\nto recognize the assignment agreement as invalid. The lawsuit asked the wife of\nthe assignor with reference to the agreement on section jointly acquired\nproperty for which the spouse transferred the disputed rights of claim under\nassignment worth over 20 million rubles. The interests of the Defendant were\nrepresented by lawyer of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d Rashid Gitinov.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Arbitration Court of Primorsky Krai recovered from the agent of the insurance company debt in the amount of RUB 90 million. Lawyers of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d Ekaterina Rusakova, Murad Agayev, Evgeny Mikhailov prepared legal position and took part in the trial. Krasnodar Regional Court left unchanged the act of the first&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33285"}],"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=33285"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33285\/revisions"}],"predecessor-version":[{"id":33286,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33285\/revisions\/33286"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33285"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33285"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33285"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}