Infralex team whole-hearted congratulates everybody with the upcoming holidays! We wish you the peace, goodness, well-being and legal certainty in the 2017 Year! “That'll go off all right” – this slogan was written on the firm’s cake. These words were the motto of the corporate, these words articulated the Infralex partners Artem Kukin, Alexey Popov, Artur Rokhlin congratulating the colleagues. We believe things will come right.
On the 1st of January’2017 the new Law “On the State Registration of Real Estate” (the Law) will come into force. The Law shall unify the Federal system of the state registration of rights to real estate and the State Real Estate Cadastre. The Law provides in Russia the single system of real estate registration – it was one of the main principles of the Civil Law Development Concept. In perspective the Law shall provide a background for implementation of another significant principle – superficies solo cedit. It means a sole real estate subject including parcel of land end every building upon it. Infralex attorney Irina Zimina analyzed the most substantial provisions of the new Law in the context of the judicial practice (see the attached file).
On the eve of the New Year Infralex traditionally has summed up the outgoing year. Infralex partners Artem Kukin, Alexey Popov and Artur Rokhlin have named the most important events in the legal area. The passing year is not marked by new fundamental laws, substantial precedents, “trials of the century”. The more notable amendments to the Russian Law will come into force on the 1st of January’2017: the new Law “On the State Registration of Real Estate”, the Law on titles to a car-parking space, the new provisions for challenging of companies’ transactions. These laws significantly affect the fundamentals of the economy and the regulation.
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.