Head of Bankruptcy support practice Alina Paltseva at the Pravo.ru conference "Secondary liability".
2 апреля 2018 г.
On March 28, at the Pravo.ru conference "Secondary liability" theorists and practitioners discussed what is now the institution of subsidiary responsibility and what it gives to the creditor and the beneficiary. Is the bankruptcy procedure in the interests of the debtor or the creditor? What preferences does the Federal Tax Service have in recovering tax debts from a beneficiary outside of bankruptcy? Is it possible to inherit subsidiary debts and how do they calculate the limitation period?
Theme of Alina's speech: "Disputes about the statute of limitations." The case of bankruptcy of OJSC "Uralenergostroy" (No. A60-13467 / 04) "
Alina Paltseva, head of the practice of Bankruptcy support practice of Alliance Legal CG, talked about how the terms of bringing to responsibility of controlling persons were changed several times. "There is a huge number of cases that began before the reforms, and controlling persons now live in fear," the lawyer said. Next, she talked about a dispute that might interest them.
In the bankruptcy case of Uralenergostroy, the arbitrazh receiver tried to bring to the secondary liability of two beneficiaries (case No. A60-13467 / 04). The unusual situation was that, according to the arbitrazh receiver, they withdrew their assets in 1999-2004, and arbitrazh receiver applied for the application in 2014. At the same time, monitoring in Uralenergostroi was introduced in 2004, external management in 2005, and competitive production in 2007. According to arbitrazh receiver's words, the interested parties objected to the demands for prosecution and referred to the missing of the statute of limitations. In their opinion, it should be counted from 2005 - then the arbitrazh receiver learned about the grounds for prosecution. But the Arbitration Court of the Sverdlovsk region turned out to be of a different opinion: it decided that the statute of limitations begins to flow not earlier than the date of sale of the debtor's property, and it took place in 2015. That is, according to the first instance, the arbitrazh receiver was not late when she applied in 2014, Paltseva stated. The 17th AAC supported this view.
The AC of the Urals District had another point of view and explained why the statute of limitations had passed. Legislation and practice were constantly changing, the limitation period was determined by the date of implementation, the day when the arbitrazh receiver learned about the grounds for bringing to justice. Given the uncertainty and the fact that many documents were lost in 10-14 years, it would be unfair and unreasonable to impose negative consequences only on controlling persons, Paltseva described the definition of the district court. It accepted the application for missing the statute of limitations and refused to satisfy the claims.
Link to the post-release of the event: https://pravo.ru/story/201383/
Alina Paltseva, head of the practice of Bankruptcy support practice of Alliance Legal CG, talked about how the terms of bringing to responsibility of controlling persons were changed several times. "There is a huge number of cases that began before the reforms, and controlling persons now live in fear," the lawyer said. Next, she talked about a dispute that might interest them.
In the bankruptcy case of Uralenergostroy, the arbitrazh receiver tried to bring to the secondary liability of two beneficiaries (case No. A60-13467 / 04). The unusual situation was that, according to the arbitrazh receiver, they withdrew their assets in 1999-2004, and arbitrazh receiver applied for the application in 2014. At the same time, monitoring in Uralenergostroi was introduced in 2004, external management in 2005, and competitive production in 2007. According to arbitrazh receiver's words, the interested parties objected to the demands for prosecution and referred to the missing of the statute of limitations. In their opinion, it should be counted from 2005 - then the arbitrazh receiver learned about the grounds for prosecution. But the Arbitration Court of the Sverdlovsk region turned out to be of a different opinion: it decided that the statute of limitations begins to flow not earlier than the date of sale of the debtor's property, and it took place in 2015. That is, according to the first instance, the arbitrazh receiver was not late when she applied in 2014, Paltseva stated. The 17th AAC supported this view.
The AC of the Urals District had another point of view and explained why the statute of limitations had passed. Legislation and practice were constantly changing, the limitation period was determined by the date of implementation, the day when the arbitrazh receiver learned about the grounds for bringing to justice. Given the uncertainty and the fact that many documents were lost in 10-14 years, it would be unfair and unreasonable to impose negative consequences only on controlling persons, Paltseva described the definition of the district court. It accepted the application for missing the statute of limitations and refused to satisfy the claims.
Link to the post-release of the event: https://pravo.ru/story/201383/
Speaker from Alliance Legal CG on the second day of the MLF (April 6), within the framework of the Round Table "Service crimes: problems of qualifications and warnings" was the lawyer for criminal matters Marina Podvarkova:
"The Moscow legal forum is certainly a unique event that unites leading legal experts, where the scientific community, government officials and lawyers-practitioners are offered various formats for exchanging views on the most topical issues of theory and practice of legal science and the profession for further improvement of Russian legislation and legal education reforms.
One of the main specializations of our company is the Criminal and Legal Protection of Business, and on behalf of Alliance Legal CG I express my gratitude to the University, in particular, to the Criminal Law Department for the opportunity to speak at this event along with recognized coryphaeuses of legal science."
"The Moscow legal forum is certainly a unique event that unites leading legal experts, where the scientific community, government officials and lawyers-practitioners are offered various formats for exchanging views on the most topical issues of theory and practice of legal science and the profession for further improvement of Russian legislation and legal education reforms.
One of the main specializations of our company is the Criminal and Legal Protection of Business, and on behalf of Alliance Legal CG I express my gratitude to the University, in particular, to the Criminal Law Department for the opportunity to speak at this event along with recognized coryphaeuses of legal science."
Also the company Alliance Legal CG took part in the XI exhibition-forum "Day of legal career in Kutafin Moscow State Law University (MSAL), dedicated to the career and professional growth of lawyers.
The exhibition was represented by the Alliance Legal CG stand with information brochures, where everyone could get acquainted with brief information about the company's activities, its main specializations and perspectives of development and career growth in the company.
Alina Paltseva, Head of Practice of Bankruptcy Support, took part in the round table of the event:
"Such events provide an excellent opportunity for prospective young professionals to find work in the best legal companies in the country. The exchange of experience and opinions, lively discussions and communication ensure the most effective interaction between the younger generation of young professionals and already established professionals in the legal field. "
Pravo.ru: https://pravo.ru/company_news/201672/
The exhibition was represented by the Alliance Legal CG stand with information brochures, where everyone could get acquainted with brief information about the company's activities, its main specializations and perspectives of development and career growth in the company.
Alina Paltseva, Head of Practice of Bankruptcy Support, took part in the round table of the event:
"Such events provide an excellent opportunity for prospective young professionals to find work in the best legal companies in the country. The exchange of experience and opinions, lively discussions and communication ensure the most effective interaction between the younger generation of young professionals and already established professionals in the legal field. "
Pravo.ru: https://pravo.ru/company_news/201672/
