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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
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
The couple brought the company to bankruptcy. The Supreme Court did not recognize this as a general obligation
The article analyzes the definition of the Supreme Court, which the court did not allow to bring a person to subsidiary liability after collecting damages. You will find out why the position of the Supreme Court allows for the possibility of abuse of the right by one of the spouses in the event of bankruptcy of the family business.
22 August 2024
Yuri Sbitnev, partner at the Exiora Law Firm, assessed the amendments made to the Law on Joint-Stock Companies
A law has been adopted that amends the Law on Joint Stock Companies and some legislative acts. Yuri Sbitnev, partner of the Exiora Law Firm, gave his assessment of the innovations for the EZH-Lawyer publication.
09 August 2024
About the protection of the rights of interested parties when performing enforcement actions
Interested persons have the right to file a claim for damages caused to them as a result of performing executive actions. What can be included in the damages, whether it is possible to recover moral damage for the unlawful actions of the bailiff, as well as in which cases judicial practice allows compensation for damages to the publication "EZH-Lawyer", said Yuri Sbitnev, partner of the Exiora Law Firm.
15 July 2024
There are no acceptance certificates. How else can the contractor confirm that he has completed the work
If the customer evades acceptance, the contractor will have to strengthen its unilateral acts with other evidence of work. To do this, you often have to be creative and apply non-standard techniques, up to aerial photography of the object. How to build a search for evidence in order to achieve payment for work, and how such evidence is evaluated by the courts — in the article.
06 July 2024
Yuri Sbitnev, a partner at the Exiora Law Firm, explained the decision of the Constitutional Court of the Russian Federation to extend property immunity to money earned from the sale of a single mortgage-encumbered home
The Constitutional Court of the Russian Federation, in its Resolution №28-P dated 06/04/2024, considered the issue of extending property immunity to money earned from the sale of a single mortgage-encumbered home. Yuri Sbitnev, a partner at the Exiora Law Firm, commented on the decision of the Constitutional Court of the Russian Federation, among other experts.
22 June 2024
The Bankruptcy Law has changed. What to consider in the work
The article contains an analysis of the changes in the Law on Bankruptcy and the agro—industrial complex, which will come into force in June, and recommendations to lawyers. The courts will resolve more issues outside of meetings, so it is better to strengthen the written position in disputes.
20 June 2024
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