News of Moscow District Courts
Interview of the issue
V.V. Blazheev. “Only professional representatives are able to formulate a clear legal and factual position of the parties before the court”
Interim Measures against Marital Property: Are They Possible?
Analytics: Interim Measures in Commercial (Arbitrazh) Litigation
Application of Interim Measures: Foreign Experience (On the Example of Administrative Challenge Cases)
The author, continuing studying foreign regulation of various procedural institutes, concentrates on the application of interim measures in cases when administrative acts (both normative and non-normative) are challenged. The article summarises the experience of eleven European states (the Grand Duchy of Luxembourg, the Portuguese Republic, the Republic of Bulgaria, the Republic of Poland, the Republic of Croatia, the Federal Republic of Germany, the Swiss Confederation), states of Latin America (the Argentine Republic, the Eastern Republic of Uruguay, the Republic of Colombia) and Africa (the Republic of South Africa). The author discovers main trends in the application of interim measures by courts.
Keywords: foreign experience, interim measures, judicial proceedings, administrative acts, judicial regulatory control
Current Issues of Granting the Interim Measures by Courts in Commercial Disputes
The practice on granting interim measures by courts in commercial (arbitrazh) disputes, including the legal approaches formulated recently by the Supreme Court of the Russian Federation in this field, as well as indicators of judicial statistics are being analysed in the article. The author explores the question of the extent to which the risks of granting interim measures are balanced by the existing procedural opportunities for protecting one’s rights and legitimate interests, taking into consideration how often these opportunities are generally used by the interested parties. The author’s opinion is presented on how the various methods of protection correlate to initial court proceedings: in particular, whether the existence of such methods should affect the probability of granting the requested interim measure. The biggest questions arise regarding such an option as counter security provided in order to suspend the enforcement of a judicial act, as existing case law distinguishes between the objectives of this procedural action and of the enforcement measures. As a result of the analysis, the author comes to the conclusion that the balance between the interim measures and methods of protection for those who endure these measures is shifted to the basic stage, or the starting point: the additional procedural options are rarely used, and their efficiency is doubtful. It seems that the court practice has some potential to change this situation.
Keywords: interim measures, to secure the claim, counter security, suspension of the enforcement of a judicial act, judicial statistics, efficiency
Interim Measures in Case of Bringing the Controlling Debtor to Subsidiary Liability: Balance of Parties’ Interests
This article deals with the adoption of interim measures as part of the subsidiary liability of controlling persons. The author investigates the current regulatory provisions in the context of objectives set in search of a balance between the interests of creditors, the insolvency officer and subsidiary defendants.
Keywords: interim measures, insolvency, bankruptcy, subsidiary liability
Providing Corporate Claims in a Digital Environment
Throughout the period of development of the institution of securing the claim, its traditional purpose remains — to create a provision of status quo as a guarantee of the execution of the judicial act. This article explores the peculiarities of ensuring the claim in corporate disputes in the context of the reform of procedural legislation and the development of digital technologies in 2019. The author explores the experience of the countries of the Eurasian Economic Union, as well as assesses the possible application of digital technologies and artificial intelligence in the future in the electronic justice system.
Keywords: claim enforcement, corporate claims enforcement, corporate digital technology, digital justice, artificial intelligence
Analytics: Open Tribune
Subsidiary Liability in Bankruptcy as an Independent (Primary) Liability of the Controlling Person for Violations of the Obligation to Act in Good Faith and Reasonably with Respect to Creditors of the Controlled Entity
The paper studies the legal nature of subsidiary liability in bankruptcy cases. The author analyzes the critical approach to the subsidiary liability of the controlling debtor of a person in bankruptcy cases as a form of additional liability inextricably linked with the personality of the debtor and not allowing succession. Based on the position of the Supreme Court of the Russian Federation, the approach to subsidiary liability in bankruptcy as an independent (main) responsibility of the controlling person for violation of the obligation to act in good faith and reasonably with respect to the creditors of the controlled person is substantiated. Suggestions have been formulated to improve legislation regarding the protection of the rights of the heirs of the controlling debtor in the event that the testator is brought to subsidiary liability for the obligations of the controlled person.
Keywords: insolvency (bankruptcy), subsidiary liability, testator, heirs, bankruptcy estate, nature of responsibility, creditors’ claims, lender protection mechanisms