Infralex partner Artem Kukin has commented to the website “Pravo.ru” on the bankruptcy case of Vitaly Savvin, a former shareholder of the bank “Peresvet” (№ 305-ЭС16-12960). By considering this case the Russian Supreme Court has revealed the symptoms of artificial debts for controlling of bankruptcy. The Supreme Court stated that the courts must examine the creditor’s claim even though the law provides a simplified procedure to initiate a bankruptcy case against a debtor, without creditor’s obligation to obtain a preliminary court decision for debt recovery. Now such a simplified procedure is getting more and more widespread use. According to Artem Kukin in this situation the Russian Supreme Court is starting to form a system of balances intended to protect from abuse of rights.
Infralex partner Artem Kukin has given his expert opinion in the special project “Bankruptcy” hosted by the website “Pravo.ru”. The experts discussed the principal problems of bankruptcy in Russian such as inefficiency of the procedure, the impossibility of reestablishing debtor solvency, status of insolvency officer, difficulties in bringing controlling persons of debtors to subsidiary liability, cross-border bankruptcy issues. Artem Kukin gave the reasons for the weak protection of shared construction participants in developer's bankruptcy cases. Artem Kukin also believes that currently the risk of bankruptcy for raiding is increasing.
Infralex partner Artem Kukin has commented to the website “Pravo.ru” on the new Law regulating the procedure of bringing to responsibility for dissolution of firms with debts. It will be possible to bring controlling persons of such debtors to subsidiary liability even after the completion of bankruptcy case. This Law was adopted by the State Duma yesterday. Artem Kukin believes the issues of responsibility are relevant but the procedures provided be the new Law can make difficulties and risks.
Infralex took part in the newspaper “KommersantЪ”special project on choosing the most significant decision s of the Russian Constitutional Court in economic area. The decisions have been held for 25 years of the Court’s activity. The expert chose the 14 decisions related to taxes, right to housing, liquidation of companies, payment of damages to shareholders, courts of private arbitration. The today’s publication of the special project has been timed to the hearing of the case under the Ministry of Justice’s request. The Constitutional Court shall decide whether Russia must pay 1,9 bln euro compensation to formers YUKOS’s shareholders. The judgement about this compensation has been delivered by the European Court for Human Rights but the Russian Ministry of Justice believes that there are a number grounds for refusal to perform this judgement in Russia.