News

The Supreme Court upheld the bankrupt's security transactions

The company entered into several collateral and guarantee agreements with the bank, which ensured the return of loans to construction organizations. Soon the guarantor and the bank went bankrupt, and the bankruptcy trustee of the company challenged these transactions. The courts considered that the contracts were concluded during a period of suspicion and the bank was aware of the company's financial problems. As a result, it came to the Supreme Court, which reminded the participants in the dispute about the interests of the bank's depositors.

2022-02-04

Results-2021: the main positions of the Constitutional Court

In 2021, the Constitutional Court published 54 rulings. This is an absolute record. The judges paid special attention to issues related to bankruptcy. They allowed the exchange of the bankrupt's only housing and confirmed the right of the subsidiary debtor to challenge the acts on the inclusion of claims in the register. There were also solutions for lawyers. The court, in particular, explained how the staff of the pre-trial detention center can inspect the defenders.

2022-01-11

The Plenum of the Supreme Court approved new rules of the arbitration process

The new clarifications of the Plenum will allow lawyers to better prepare for the arbitration process in the first instance. The Supreme Court taught how to correctly determine the jurisdiction of the dispute and explained at what point it is possible to declare additional claims to the claim. Lawyers were allowed not to submit a certified copy of the diploma to the court, but they decided to refuse the norm that their assistants without education enjoy the same procedural rights. Let's analyze the most interesting rules.

2021-12-24

Citizens will be removed from the trial for scandals in the courtroom

The court has the right to remove a citizen who violates the order in the courtroom. And for long speeches or constant disputes with speakers, the participant in the process may limit the time of his own speech. Such explanations are prepared by the plenum of the Supreme Court of Russia.

2021-12-20

The Plenum of the Supreme Court of the Russian Federation has fixed the rules for the resumption of criminal cases

On December 14, the Plenum of the Supreme Court approved a resolution-a guide to the application of these norms, which was discussed earlier. The document clarifies exactly which circumstances are "new" and "newly discovered", recognizes that judicial abuse is an unconditional basis for reviewing the verdict, and establishes rules for appealing decisions revised at the request of the prosecutor.

2021-12-14

Toll road to the house: how cottage owners struggle with "extortion"

Own a spacious house is the dream of many. But its content often costs decently. Difficulties may await the owner of such a property at every step: the road to the cottage will be owned by a company that will require a fare, and for garbage collection and maintenance of the territory will have to pay several tens of thousands of rubles a month. However, not everyone agrees to such conditions and goes to court. Experts told what evidence will help homeowners in such disputes and what difficulties developers themselves face due to legislative gaps.

2021-09-16

The Constitutional Court of the Russian Federation has designated a mechanism for indexing the awarded amounts in arbitration

The Constitutional Court demanded that the arbitration courts index the sums of money awarded to the recoverers if the court's decision in their favor was not executed for a long time.

2021-07-23

The 9th AAS confirmed the recovery of 2 billion rubles in favor of Alfa-Bank

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