Publication

Yuri Sbitnev, partner at the Exiora Law Firm, commented on the position of the Constitutional Court of the Russian Federation regarding the imposition of administrative fines

Yuri Sbitnev, partner at the Exiora Law Firm, commented on the position of the Constitutional Court of the Russian Federation regarding the imposition of administrative fines

The Constitutional Court of the Russian Federation concluded that resolutions on the imposition of administrative fines for identical offenses identified within the framework of a single audit and not executed after the entry into force of Part 5 of Article 4.4 of the Administrative Code of the Russian Federation should be considered as one resolution, but with the summation of fines imposed by them. In addition, the court clarified that the law improving the situation of business is retroactive, regardless of the method of imposing administrative fines. Yuri Sbitnev, partner of the Exiora Law Firm, commented on the position for EJ-Lawyer.

25 April 2024

Evidence that is not included in the Arbitration Procedure Code. How to use them to strengthen the position in the dispute

Evidence that is not included in the Arbitration Procedure Code. How to use them to strengthen the position in the dispute

The article is about how judges react to the creative approach of the parties to the evidence.

21 April 2024

Lawyer of the Exiora Law Firm on the specifics of distinguishing the claims of corporate and subordinated creditors

Lawyer of the Exiora Law Firm on the specifics of distinguishing the claims of corporate and subordinated creditors

Commentary on the Definition of the Supreme Court of the Russian Federation № 305-ES23-21489 dated 03/15/2024.

15 April 2024

Yuri Sbitnev, partner of the Exiora Law Firm, appreciated the initiative to improve the procedure for confirming a citizen’s right to simplified bankruptcy

Yuri Sbitnev, partner of the Exiora Law Firm, appreciated the initiative to improve the procedure for confirming a citizen’s right to simplified bankruptcy

The Ministry of Economic Development of the Russian Federation proposes to improve the procedure for confirming a citizen's right to simplified bankruptcy out of court (project ID: 145590), provided for in Article 223.2 of the Bankruptcy Law. Yuri Sbitnev, partner of the Exiora Law Firm, gave his assessment of the initiative for the EZH-Lawyer publication.

11 April 2024

Yulia Testova, a lawyer at the Exiora Law Firm, commented on the changes limiting the powers of the court to reduce the amount of the legal penalty

Yulia Testova, a lawyer at the Exiora Law Firm, commented on the changes limiting the powers of the court to reduce the amount of the legal penalty

It is proposed to amend the Civil Code of the Russian Federation, limiting the powers of the court to reduce the amount of the legal penalty provided for in Article 332 of the Civil Code of the Russian Federation. Yulia Testova, a lawyer at the Exiora Law Firm, among other experts, gave an assessment of him for the EZH-Lawyer publication.

29 March 2024

Yuri Sbitnev, partner of the Exiora Law Firm, commented on the position of the Constitutional Court of the Russian Federation on the issue of the term of the guarantee

Yuri Sbitnev, partner of the Exiora Law Firm, commented on the position of the Constitutional Court of the Russian Federation on the issue of the term of the guarantee

Comment to the resolution of the Constitutional Court of the Russian Federation dated 02/26/2024 №8-P on the case of checking the constitutionality of the provision of paragraph 6 of Article 367 of the Civil Code of the Russian Federation in connection with the complaint of the Stroyprogress Limited Liability Company.

25 March 2024

Is it possible to review the newly discovered circumstances in bankruptcy cases? Positions of the vessels

Is it possible to review the newly discovered circumstances in bankruptcy cases? Positions of the vessels

In the material, the lawyer of the Exiora Law Firm, Yulia Testova, highlighted the features by which a particular circumstance is recognized as newly discovered and, as a result, the case is subject to review.

16 March 2024

Yuri Sbitnev, partner of the Exiora Law Firm, commented on the decision of the Constitutional Court of the Russian Federation concerning the payment of state duty

Yuri Sbitnev, partner of the Exiora Law Firm, commented on the decision of the Constitutional Court of the Russian Federation concerning the payment of state duty

Yuri Sbitnev, partner of the Exiora Law Firm, shared his opinion on the position of the Constitutional Court of the Russian Federation on the payment of state duty during state registration of the right of common equity ownership of owners of investment units to immovable property constituting a mutual fund, and restrictions on this right.

05 March 2024

Estimated losses or penalties in advance. Which design should I choose in the contract

Estimated losses or penalties in advance. Which design should I choose in the contract

The article deals with the risks of using conditions for estimated losses in contracts. The Civil Code does not regulate this instrument, and the courts do not always agree to recover the amount of damages that the parties agreed upon at the stage of concluding the contract.

25 February 2024

The lender disputes the deal with preference. Arguments for keeping it in force

The lender disputes the deal with preference. Arguments for keeping it in force

The article contains arguments for the court to confirm the preference given to one of the creditors. You will find out why the bankruptcy creditor sometimes does not have the right to file an application for invalidation of the transaction.

18 February 2024