The Supreme Court dealt with a case where two opposite decisions were made on the same issue and on the same day
July, 19 2021

On May 24, the Judicial Collegium for Economic Disputes of the Supreme Court issued Ruling No. 302-ES21-523 in case No. A33-12199/2016 on a dispute over the cancellation of interim measures against the property of the founder of a bankrupt organization.

The Judicial Collegium for Economic Disputes recalled that the law does not provide for a list of cases when interim measures can be canceled. This issue is resolved by the court in each specific case, taking into account all the circumstances of the case. In this case, it was noted, interim measures were taken to preserve the existing situation, prevent unreasonable delay in the consideration of the dispute on bringing the controlling debtor to subsidiary liability for the obligations of the latter, suppressing the uncontrolled alienation of the corresponding assets of the company "USK MOST". Since this statement is still being considered in the court of first instance, the isolated dispute itself has not been resolved on the merits, the circumstances that served as the basis for the adoption of the controversial interim measures are relevant to this day.

Tatyana Dzhulai

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