Оставить заявку

Judical practices and cases

2 September 2016

Protection of the defendant in the Supreme Court

Результат:

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

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.

Submit your application