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Judical practices and cases

Recovery of a debt in the amount of 137 192 rubles 70 kopecks and interest for using other people's money in the amount of 1 504 rubles 42 kopecks under the supply agreement.

Lawyers from the legal bureau recovered in court the fixed debt in the amount of 137 192 rubles 70 kopecks and interest for the use of other people's money resulting from the supplier’s failure to fulfill contractual obligations.

13 June 2018

Recovery of adebts in the amount of 1 312.53 Euros and penalties in the amount of 1 312 Euros 53 cents under the contract of transport expedition.

At the stage of the pre-trial settlement of the dispute, the legal bureau lawyers  managed to get the unscrupulous debtor to pay the amount of the debt under the transport expedition agreement. In a judicial proceeding, the lawyers from the bureau collected the amount of penalties for violation of the deadline for the payment of transportation services rendered, and convinced the court of the need to recover fines in full without any reduction under art. 333 of the Civil Code.

30 May 2018

Recovery of a debt in the amount of 945,000 rubles and interest for the use of borrowed funds in the amount of 66,910.37 rubles under a loan agreement.

Lawyers from the legal bureau in court recovered a debt from the unscrupulous borrower under a loan agreement, and convinced the court to apply sanctions in the form of collecting interest for using other people's money.

6 February 2018

Recovery of unjust enrichment in the amount of 683,550 rubles, as well interest for the use of borrowed funds in the amount of 143,283.38 rubles under the contract for the supply of pharmaceutical products.

Lawyers of the legal bureau in court recovered unjust enrichment as well as interest for using other people's funds under the contract for the supply of pharmaceutical products from the unscrupulous supplier to the buyer.

26 December 2017

Recovery of damages in the amount of 356,953 rubles and interest on the use of other people's funds in the amount of 65,237.04 rubles under the service agreement for processing electronic statements.

Lawyers from the legal bureau in court won the compensation for all losses incurred by the Customer under the service agreement (processing of electronic statements). The reason for going to court was the Contractor’s evasion of the obligation to return the funds previously transferred to him by the Customer.

22 November 2017

Recovery of a debt in the amount of 8,803,270.48 rubles and a penalty in the amount of 244,437.48 rubles under the state contract for the provision of services for the cemetery territories maintenance.

Through legal action, the legal bureau lawyers won recognition of the illegal actions of the municipal district administration; the fixed debt as well as a penalty was recovered from the latter. The reason for going to court was the unilateral refusal of the municipal district administration to fulfill its obligations under the municipal services contract for the maintenance of the cemeteries.

31 October 2017

Protection of the temporary manager’s interests at the request of the creditor.

The temporary manager, assisted by lawyers from the legal bureau, convinced the court that there were no grounds for invalidating the analysis of the debtor’s financial standing and the possibility of opening bankruptcy proceedings.

5 October 2017

Recovery of a debt in the amount of 31,650 Euros and interest for the use of borrowed funds in the amount of 289.53 Euros under the contract of goods transportation.

According to the claim of the legal bureau lawyers, the unscrupulous customer (shipper) paid the debt under the contract of goods transportation, as well as interest on the use of borrowed funds. The application of the Convention on the Contract for the International Carriage of Goods by Road to the subject of the dispute allowed convincing the court that there was no omission of the limitation period by the carrier.

18 September 2017

At the request of the legal bureau lawyers, the court declared the creditor’s claims for the debtor’s insolvency (bankruptcy) well pleaded and opened the bankruptcy proceedings opened against the debtor.

2 August 2017

Recovery of a debt in the amount of 207 949.84 rubles and interest for the use of borrowed funds in the amount of 8,431 rubles under the contract for the premises repair.

At the suit of the legal bureau lawyers the commercial court recovered the costs of additional types of work not considered in the initial estimate, but agreed upon by the parties under the contracts for the repair of the premises, from the unscrupulous customer to the contractor.

31 July 2017

With the help from the legal bureau lawyers, the bankruptcy manager challenged in court the debtor’s transactions of property. The court enforced implications of an invalidated transaction by returning the property transferred to the bankruptcy estate.

21 July 2017

With the help from the legal bureau lawyers, the court declared the creditor’s claims for the debtor’s insolvency (bankruptcy) in the simplified procedure as well pleaded, and opened the bankruptcy proceedings.

27 June 2017

The cassation instance agreed with the conclusions of the courts of first and appeal instances on a satisfied claim by the lawyers of the legal bureau on debt collection in the amount of 498,300 rubles and interest in the amount of 38,569.22 rubles under the commission agreement.

27 April 2017

The legal bureau lawyers helped the Developer to secure the dismissal of the Customer’s appeal against the decision of the court of first instance to recover the penalty and compensation for non-pecuniary damage under a construction contract.

15 February 2017

At the Supreme Court of the Russian Federation, the legal bureau lawyers obtained the reversal of the court of first instance judgment on the Ministry of Justice administrative claim for the liquidation of the non-profit organization Stop Ham.

2 September 2016

Recovery of a debt in the amount of 353,558 Euros and penalties in the amount of 14,672 Euros under the supply agreement.

Lawyers from the legal bureau in court recovered a debt, as well as a penalty from the unscrupulous supplier under the supply agreement.

20 June 2016

Recovery of a debt in the amount of 77,253.40 rubles and a penalty in the amount of 5,000 rubles under a state contract for the performance of contract work.

Lawyers of the legal bureau collected from the unscrupulous customer in court the amount of the debt for the work performed by the contractor under a government contract, as well as the penalty for late performance of obligations.

3 June 2016

The FAS Commission recognized the complaint of the legal bureau lawyers about actions (inaction) of the customer well pleaded. The reason for the complaint was the unjustified refusal of the customer to admit the tenderer to participate in the electronic auction.

24 May 2016

Lawyers of the legal bureau convinced the FAS commission that there was no need to include a procurement participant in the register of unscrupulous suppliers because the fact of the latter’s evasion from concluding a state contract was not confirmed. Reason - the procurement participant did not have the opportunity to sign a state contract because of the EDS key failure.

14 April 2016

Recovery of a debt in the amount of 2,839,815.60 rubles and a penalty in the amount of 283,981.56 rubles under a construction contract.

At the suit of the legal bureau lawyers, the unscrupulous general contractor paid money, including a penalty under a construction contract.

14 April 2016

Lawyers from the legal bureau sought in court the cancellation of the FAS decision on the inclusion of the state contractor in the unscrupulous suppliers register. The court agreed with the arguments of the applicant representative about the lack of fraudulent actions of the latter and the inadmissibility of a formal approach on the part of FAS in making the appropriate decision.

24 February 2016

The FAS Commission recognized the complaint of lawyers from the Law & Wise law bureau on the actions (inaction) of the customer well pleaded. The reason for the complaint was the unjustified refusal of the customer to admit the procurement participant to participate in the electronic auction.

29 January 2016

The FAS Commission recognized the complaint of lawyers from the legal bureau on the actions (inaction) of the customer, the electronic platform operator well pleaded. The reason for the complaint was a violation of the rights and legitimate interests of the procurement participant. It was not possible to participate in the auction because of the electronic platform failure.

11 December 2015

Recovery of a debt in the amount of 276,500 rubles and a penalty in the amount of 261,054.34 rubles under state contracts for the performance of contract work.

With the help from the legal bureau lawyers, the bankruptcy manager recovered in court from the city administration the amount of the debt, as well as the penalty on municipal contracts for land improvement works and major repairs. The reason for going to court was the failure of the city administration to fulfill obligations to pay for the work performed.

14 August 2015

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Point of argument

The Directorate of the Ministry of Justice for the city of Moscow filed a lawsuit demanding the liquidation of the Interregional non-profit organization “Stop Ham”.

Plaintiff’s case

The Directorate of the Ministry of Justice of the Russian Federation for the city of Moscow filed an administrative lawsuit to liquidate the Interregional non-profit organization “Stop Ham”.

Defence

The organization “Stop Ham” decided to appeal against the decision of the court of first instance and asked to restore it in the Uniform State Register of Legal Entities. The Defendant motivated his position by the fact that he had not received summons to the court hearing by the court of first instance.

Problem solution stages

  • preparation and filing an appeal;
  • representation of the Defendant’s interests in court

Court judgement

The Supreme Court examined the case file and concluded that there was no evidence in the case about the time and place of the court hearing. Thus, the Defendant who was not properly informed and did not possess information about the consideration of the case was not able to prepare and represent his interests in the court of first instance. The consideration of the administrative case without notifying the parties properly is the basis for the cancellation of the decision of the court of first instance.

The lawyers succeeded to obtain the reversal of the court of first instance judgment and sending the case back for further consideration.

Case results.

The cassation appeal upheld, the decision of the court of first instance discharged, and the case sent back for further consideration

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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Tokarskaya Daria
Assistant Manager
Aliev Elman
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