News - Infralex


Bankruptcy for shared construction participants and raiders

Infralex partner Artem Kukin has given his expert opinion in the special project “Bankruptcy” hosted by the website “”. 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.


Controlling person will be responsible after company’s “death”

Infralex partner Artem Kukin has commented to the website “” 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.



Economic decisions of the Russian Constitutional Court

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.


Value given clause stayed put

Infralex head of real estate practice Sergey Shumilov spoke yesterday at the conference“The Top-10 of Civil (Commercial) Cases” hosted by the newspaper “The Moscow Times”. A prominent dispute “Vimpelcom v. Tizpribor” concerning the office rental payments in respect of the growth of the dollar has got into the top ten of the outgoing year cases. Sergey Shumilov represented Tizpribor’s (an owner) interests in this litigation. In August the process completed with an amicable agreement of the parties. Yesterday Sergey Shumilov noted that in 2015-2016 this notable dispute wasn’t the only one related to the sharp growth of the dollar. The Russian courts dismissed every claim to apply the Article 451 of the Russian Civil Code and modify the terms of contracts. So the courts have confirmed their acceptance of the practice formed during the crises of 1998 and 2008.


Moscow ownership interest is out of the bankruptcy estate

Infralex head of real estate practice Sergey Shumilov has commented to the website “” on the case related to apportionment of Moscow participatory share in the house, built at an investment contract by the company which became insolvent (№ 305-ЭС14-5756). The courts of lower instances rejected to apportion a participatory share but the Russian Supreme Court remanded the case for a new trial. According to the Supreme Court, investment contracts with governmental units are regulated by the special rules. For this reason the Moscow participatory share in the house shall not be included in the bankruptcy assets of the insolvent company and can be transferred in kind.


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Olga Pleshanova

Head of Analytical Department