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Pre-trial expenses. The procedure for recovery in the arbitration process and current conclusions of the courts
In the article, Yulia Testova, a lawyer at the Exiora Law Firm, examines what can and cannot be included in pre-trial expenses and what evidence is accepted according to court practice, as well as whether it is possible to cede the right to claim for recovery of pre-trial expenses.
19 December 2024
The consumer of public services has the right to retrospectively confirm the serviceability of the metering device: the opinion of the lawyer at the Exiora Law Firm Julia Testova
The Supreme Court recalled that a violation of the deadline for providing a metering device for periodic verification does not in itself indicate its malfunction or unsuitability for determining the actual volume of the received resource. Yulia Testova, a lawyer at the Exiora Law Firm, commented on the position of the Armed Forces of the Russian Federation for the Advocate Newspaper.
13 December 2024
Yuri Sbitnev, partner of the Exiora Law Firm, assessed the initiative to transfer the authority to replace the claimant in the event of its reorganization to the legal successor to the bailiff
Currently, the court is engaged in replacing the claimant in case of its reorganization within the framework of enforcement proceedings. The legislator proposes to simplify the procedure and transfer the authority to replace the claimant with the legal successor to the bailiff. Yuri Sbitnev, partner of the Exiora Law Firm, appreciated the initiative for the EZH-Lawyer publication.
02 December 2024
What should be considered when considering a dispute on the recognition of a heating network site as ownerless? Yuri Sbitnev, partner of the Exiora Law Firm, commented on the Definition of the Supreme Court
The Supreme Court published a Ruling dated October 15 in case №34-KG24-6-KZ, in which the owner of the building tried to transfer the maintenance of a section of the heating network to the balance of the municipality, citing its mismanagement. Yuri Sbitnev, partner of the Exiora Law Firm, among other experts, commented to the Advocate Newspaper on the Definition of the Supreme Court.
20 November 2024
Yulia Testova, a lawyer at the Exiora Law Firm, gave a comment as part of a new review of the Russian Armed Forces on consumer protection
Yulia Testova, a lawyer at the Exiora Law Firm, gave a comment for the EZH-Lawyer publication on item No. 3 of the new review of the Supreme Court of the Russian Federation on consumer protection.
03 November 2024
Yuri Sbitnev, partner at the Exiora Law Firm, commented on the Ministry of Justice’s proposal to solve the problem of the speed of sale of debtors’ property at auction using elements of a “Dutch auction”
In order to simplify the bidding procedure, the Ministry of Justice proposed amendments to the Law on Enforcement Proceedings, reforming the bidding system. In particular, it is proposed to conduct several stages of bidding in one day and conclude a contract for the purchase and sale of property at the initial sale price with a single bidder, even if they are declared invalid. Yuri Sbitnev, partner of the Exiora Law Firm, gave a comment on the topic to the EZH-Lawyer publication.
11 October 2024
On the problems of collecting interest for using other people’s money in current practice
In the article, we will consider the problems of general regulation of Article 395 of the Civil Code of the Russian Federation, interest collection in corporate requirements and differences from indexing.
05 October 2024
The deal hurt creditors. The Supreme Court has indicated when it cannot be appealed.
The article contains a list of obstacles to appealing transactions that have caused property damage to creditors. Find out the Supreme Court's position on this issue.
01 October 2024
Yuri Sbitnev, partner of the Exiora Law Firm, commented on the changes that extended the moratorium on business inspections
In 2022, the government approved the specifics of the organization and implementation of state control (Resolution No. 336 of 03/10/2022). And two years later, changes were made to it concerning the improvement of certain issues of the organization and implementation of control (supervisory) activities.
28 September 2024
The counterparty provokes a violation. How can a company protect itself from a penalty
How to justify the creditor's delay in order to avoid accusations of breach of contract — read the article.
17 September 2024
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