Press centre News Разрешение споров и арбитраж

Putin tightens requirements for arbitration assessors

Vladimir Putin signed a law to toughen requirements for arbitration assessors. The corresponding document is available on the official legal information portal.

The former head of the Slavyane Construction Company is declared bankrupt

The Arbitration Court of Rostov Oblast declared Yuri Pogiba, founder of the Slavyane GC, as bankrupt. The lawsuit was filed against the builder by a private individual who was owed a debt of 600,000 roubles. Claims against Mr Pogiba were also filed by the Vodokanal Company, which did not receive 12.5 million roubles for performed work, and was previously unsuccessful in having the court declare him bankrupt. According to the lawyer, this new application may well be an attempt to protect Yuri Pogiba from major lenders.

Russky Dom unhappy with assignment of claim

Rostov-on-Don-based Russky Dom OOO has taken legal action to contest a credit agreement for RUB 1.39 billion with Russian Agricultural Bank (Rosselkhozbank) OOO, under which the former obtained the right of claim for distressed debt owed by the Mayak Group. Russky Dom expected to receive the debtor's assets pledged as collateral with the bank, but it emerged after the agreement had been signed that the collateral was significantly impaired. Russky Dom believed that the bank had kept this hidden, but the court of first instance sided with the bank, deeming the claimant's actions negligent.

Account limits placed on debtors

The Ministry of Justice intends to deprive debtor legal entities from the ability of creating and reorganizing their companies, and also from opening bank accounts and deposits. The amendments are being proposed to encourage debtors to promptly comply with the requirements of judicial enforcement officers, they said at the agency. Implementation of these ideas of the Ministry of Justice will lead to the violation of rights of businesses, and will block the work of companies, said some of the lawyers interviewed by Kommersant. Others, however, do not see any conflict with the current legislation and are calling the proposed measures effective.

Two years without the SAC: experts talk about the merger of higher courts and its impact on the uniformity of practice

At the St. Petersburg Economic Forum, President Vladimir Putin said the merger of the Supreme Court and the Supreme Arbitration Court (SAC) was "a positive step towards the uniformity of jurisprudence". The President’s statement was met with mixed reviews in the legal community – some experts are dissatisfied with the quality of Russian justice, while others say that the merger of the two supreme courts has really made ​​the practice more uniform, and the litigation more transparent.

Supreme Court rehabilitated a concession as a transaction in a bankruptcy case

Judicial Board on Economic Disputes of the Supreme Court has convicted lower courts in the absence of "reasonable doubt" in the price of concessions

Two major changes in the agro-industrial complex: mandatory complaint procedure and writ proceedings

When the complaint procedure is not mandatory?

How to sue without having to wait an entire 30 days for the counterparty’s answer?

How to collect debts and obtain a writ of execution in just two months?

Supreme Court corrects unexpected error

The first cassation went against established practice

Lawyers evaluated the pros and cons of general jurisdiction court reforms, proposed by the Supreme Court

Vyacheslav Lebedev, Chairman of the Russian Supreme Court announced an initiative to establish separate district courts of appeal and cassation, within the general jurisdiction courts system. His proposal will be submitted at the December Judges Congress. The opinions of experts about the need for such changes are divided: some say this would be too expensive, while others believe that it is necessary to expand the independence of the courts.

Time for the court case to begin: what to do if proceedings do not start on time

All existing procedural codes contain a fixed rule: the judge must start court proceedings at the time that was appointed for the particular case (Art. 160 of Civil Procedure Code, Art. 261 of Criminal Procedure Code, and Art. 145 of Administrative Procedure Code). Unfortunately, this does not always happen. In practice, lawyers often spend more hours in the corridors of the courthouse, than on the trials themselves. Why is this happening? Can the parties walk away if the proceedings do not start on time, or is it better to wait for the trial? Who is responsible for the spent nerves, time and money?

Domestic courts more convenient and pleasant

How English law conquered the world, and why have Russian companies increasingly begun to choose domestic justice

The debtor fails to comply with the court's decision. How to recover from him the maximum judicial penalty?

When it is not necessary to establish a judicial penalty in a fixed amount? Does the charging of a penalty cease after the issuance of a judicial order for its recovery? How to seek a judicial penalty for the period prior to applying for its recovery?

They are still competing for the printing house

The auction for the sale of the buildings of the Samara Printing House and the land beneath them, the winner of which was Azimut LLC, owned by Alexey Shapovalov is being challenged by the Moscow company Kapstroy LLC. The latter company also wanted to take part in this auction, but was not allowed to participate in it. We should recall that the objects were sold at auction as part of the bankruptcy proceedings of the Samara House Publishing House OJSC for 35.1 million roubles. Also at the request of Kapstroy, provisional measures were imposed, prohibiting the conclusion of the contract of sale between the Samara Printing House and Azimuth.

Reform of obligatory law: first year under the new rules

A little more than a year has passed since the entry into force of the Federal Law dated 08 March  2015 No. 42-FZ, which  made ​​noticeable changes to the general provisions of the RF Civil Code, in the part of obligations, as well as added tools for civil turnover participants – new types of contracts and agreements.  

Adaptas tries for a reduction

The Krasnodar company Adaptas (Rus) LLC is seeking, through the court, to have its annual rental fee for use of land in the suburb of Anapa reduced to 14 million roubles, from the current 113 million roubles as stipulated in the investment contract. In November 2015, the court granted the petition of the regional administration for the termination of the lease agreement in connection with non-payment of debts. Until the court rules on the the issue of reduction of the rental fee, the appeal proceedings on the decision on the termination of the lease contract will be suspended.

And you will answer for your debts

Managers of enterprises to be more often held financially responsible