Press centre News Разрешение споров и арбитраж

16
December
2015

World coming to the aid of VCS

Volgograd Region Arbitration Court began its consideration of a claim filed by more than 50 creditors of the Municipal Unitary Enterprise Volgograd Communal Services (MUE VCS).
Volgograd Pravda.Ru
9
December
2015

Mikheev is no longer a competitor of Abramovich

The Arbitration Court declared Russian State Duma Parliamentarian Oleg Mikheev and his wife Tatiana bankrupt. In our region, this is the first time that an individual has been declared bankrupt. It is hard to believe that, seven years ago, Oleg Mikheev was listed among the Top-20 richest real estate magnates, and shares of his Diamant GC were selling higher than those of Millhouse Capital run by Roman Abramovich.

Volgograd Pravda.Ru
7
December
2015

Bankruptcy without “Sistema”

Monitoring of the bankruptcy of Sigma Capital Partners LLC, in the near future, will be transferred almost entirely to the Sulby Holdings Corp, which in 2010, the owner of the SMARTS Company Gennady Kiryushin called “friendly”. Sulby Holdings Corp had bought up all the rights of demand to all debts issued by creditors to Sigma Company, except for moneys owed to the taxation administration. The total amount of purchased claims amounts to about 7 billion roubles. We should note that the SMARTS Company and Sigma have been engaged in a court battle for the past ten years. Sigma is holding as collateral a block of shares in the SMARTS Company, and it was to gain control of this latter, according to experts, that all these measures had been taken.
Kommersant (Samara)
2
December
2015

Mikheev couple agrees on bankruptcy

The Arbitration Court of the Volgograd Region has begun consideration on merits of the bankruptcy case of State Duma parliamentarian Oleg Mikheev and continues its consideration of the bankruptcy case of his wife Tatiana.

Volgograd Pravda.Ru
11
November
2015

“... The bank refused to open an account, because we do not have computers in the office ...”

The bankers came to the office to check whether a company was really located at the stated address. And when they found that there were no computers in the office, they refused to open the account. Allegedly without computers, a company’s activities are considered as fictitious. Bankers and independent experts advise on how to solve this problem.

Сollective of authors, VEGAS LEX
Accounting. Taxes. Law
9
November
2015

“Pervomaysk” Investors secured by the Constitution

Russian Constitutional Court ruled on the complaints made by depositors of the Pervomaysky Bank, whose funds were stolen by Larisa Golodnova, manager of the Gelendzhiksky Branch. The Court explained that the Bank cannot refuse to return moneys to depositors, by claiming as a defence the illegal actions of their employees, if the depositors acted reasonably and in good faith. The damage that Larisa Golodnova caused depositors amounted to 387.7 million roubles, stolen from 184 victims, whose previous attempts to get moneys returned through the courts failed. Now, on the basis of the decision of the Constitutional Court, these victims might seek a review of this case, and demand to have their deposits returned.

Victor Petrov, Partner, Head of Litigation practice
Kommersant (Rostov)
29
October
2015

It turned out that the director had an invalid passport

“... The director had an invalid passport. I will explain. We decided to open an account in a new bank, but they refused us. The teller checked the director’s passport number on the website of FMS Russia, and it turned out that this document was listed as being lost or stolen eight years ago! In fact, this was a valid passport. The director did not lose it, and did not report it lost or stolen. Moreover, information about this document is recorded in the Unified State Register of Legal Entities, because the director has several companies. We received loans amounting to millions of roubles, and no one ever questioned the validity of the passport. How can this passport be made valid once more?..” From a letter of chief accountant Olga Paulina, city of Moscow.

Сollective of authors, VEGAS LEX
Accounting. Taxes. Law
22
September
2015

Administrative Procedure Code: what, how and why?

The Russian Administrative Procedures Code shall enter into force on September 15, 2015. It will regulate the procedures for consideration by the Supreme Court of Russia and the courts of general jurisdiction of administrative cases to protect the rights of citizens and organizations. On the eve of its coming into force, we asked legal practitioners to express their opinions about this new, already the twenty-first by count, Administrative Procedures Code. Special attention of the experts was drawn to the similarity of the Administrative Procedures Code with the Arbitration Procedure Code and the Civil Procedural Code of the Russian Federation and the unusual for modern Russian law, restrictions on legal representation.
Victor Petrov, Partner, Head of Litigation practice
Business and Life
10
December
2015

Arbitration court in the conflict zone

In late November, the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation recommended the adoption, in the second reading, of a package of draft laws on the reform of the arbitration court. The main purpose of the documents under review – is to create common requirements in the field of arbitration and eliminate gaps in the legal regulation of procedural issues. Experts point to the ideological conflict that may interfere with the success of this case.
Victor Petrov, Partner, Head of Litigation practice
Kommersant (St. Petersburg)
7
December
2015

The claim to have Mikhail Paramonov declared bankrupt will be considered in December

The Arbitration Court of Rostov Region has accepted for consideration the claim to declare bankrupt Mikhail Paramonov, former owner of TagAZ. The claim was by filed by a subsidiary of Sberbank – the Southern Automobile Group. Mr. Paramonov acted as the guarantor for the loans taken out by this manufacturing plant, and the plaintiff is now trying to recover more than 4 billion roubles from the entrepreneur. A lawyer in the case noted that the defendant's residency status being outside the country could delay this case, but if in the course of the trial, it is proven that Mikhail Paramonov has been evading repayment, he may be declared as bankrupt with unpaid debts.

Gorod N
3
December
2015

Oleg Mikheev enters insolvency

Yesterday, the Arbitration Court of the Volgograd Region began bankruptcy proceedings against the regional leader of the Fair Russia Party and State Duma parliamentarian Oleg Mikheev. The claim to have Mr. Mikheev declared bankrupt was filed with the regional arbitration court by Zarina LLC. The total amount of claims against the parliamentarian, according to the Court documents, could reach 9.5 billion roubles. According to the experts, Mr. Mikheev will attempt to “write of” the majority of his debts.
Kommersant (Volgograd)
27
November
2015

Prosecutor’s office intercedes for Ministry of Construction

The regional prosecutor’s office has gotten involved in the dispute between the residents of a building on Solnechnaya Street in Samara and the company Samara Monolith LLC, as well as the simultaneously developing dispute between the Samara City Administration and the Regional Ministry of Construction. In April, the Regional Ministry of Construction sent a demand that the City Administration cancel the construction permits for this residential building. The City Administration is trying to appeal the decision of the Ministry of Construction in arbitration court, but so far without success. The Samara Prosecutor’s Office has now asked the District Court to force the city authorities fulfil the demands of the Ministry of Construction and stop the construction work.
Сollective of authors, VEGAS LEX
Kommersant (Samara)
9
November
2015

Parliamentarian suffers through financial bankruptcy

Volgograd Region Arbitration Court has postponed, for one month, the consideration of the claim made by Promsvyazbank Bank against Tatiana Mikheeva, the wife of Oleg Mikheev, State Duma representative from the Fair Russia Party. The bank is seeking to recognize the parliamentarian’s wife as bankrupt. Two cases with similar requirements were previously launched against Mr. Mikheev himself. In one of these cases, the application has already been withdrawn by the plaintiff (private individual), and the consideration of the second case was also postponed. Oleg Mikheev told Kommersant that “in any case, this procedure will take place”, which he considers a “normal economic activity”, and expressed confidence that going through a bankruptcy will not hurt his future political career.

Kommersant (Volgograd)
29
October
2015

LUKOIL extracted debt

Structures of Gazprom and Lukoil, which are the main creditors of the municipal enterprise Volgograd Communal Services, which had declared bankruptcy, have announced that there were procedural violations in the launching of bankruptcy procedure, and warned about the possible negative consequences due to this process during the heating season in Volgograd. At city hall, they claimed the opposite, calling this bankruptcy a “financial restructuring”. According to observers, in the course of the bankruptcy, the authorities are going to get rid of part of the accumulated debts of this municipal unitary enterprise. What is more, the city administration is not hiding its plans for the subsequent transfer of the property of Volgograd Communal Services into long-term management by a private company. Mikhail Zimin, general director of LUKOIL-Volgogradenergo LLC believes that the authorities hope to repeat “the former scenarios of getting rid of debts”, at a time when they could have provided financial assistance to Volgograd Communal Services, and thus prevented it from going into bankruptcy.

Kommersant (Volgograd)
13
October
2015

Interesting business

As a result of the consideration of court case No. A67-1548 / 2014, the Arbitration Court of Tomsk Region ordered that FOG LLC should pay Tomsk Energy Retail Company OJSC the sum of 1,369,646.31 roubles as outstanding debt for electricity, and dismissed the former company’s counter-claim for damages caused by the illegal introduction of a limited power mode. The Arbitration Court of the West Siberian District overturned the decisions of the lower courts, and sent the case back for review to the court of first instance.

Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Litigation in West Siberia
22
September
2015

Unlawful relations

The court has invalidated the latest edition of the company charter of Torgoviy Port LLC, the company through which an “affiliate” of the large Turkish manufacturer of cement Nukh Chimento conducted joint business activities with Rostov entrepreneurs. Experts rejected the minutes of the meeting of the shareholders, which had approved the charter. The controversial charter, according to the Turkish side, allowed their former partners to withdraw from the company a land lot and three ship berths.
Gorod N
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