Former director is not obliged to transfer the competitive managing documents withdrawed during extraction

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Lawyers pointed out that courts often satisfy such requirements of managers, even if managers report the absence of property to be transferred. The experts also agreed on the illegality of transferring the obligation to determine the list of seized property to the bailiff.

Lawyer, partner of Tenzor Consulting Group Anton Makeychuk believes that the definition of the Armed Forces will positively affect law enforcement practice. “Unfortunately, judicial acts are often found that come from the need to decide on the presence or absence of the claimed documents and material values ​​only at the stage of enforcement proceedings,” he says.

The lawyer said that he himself was faced with the same logic of courts in the North-Western District: “It got to the point of absurdity. At the request of the interim manager for the provision of tax audit reports for the last 3 years, we replied that we could not provide them, because such inspections were not carried out. And the court nevertheless requested obviously non-existent documents. ”
Anton Makeychuk said that at the stage of enforcement proceedings, the logic of the bailiff is simple: "I am executing a judicial act, and it was necessary to prove in court that you could not provide something because of its absence." According to the lawyer, the requirement to prove a negative fact is unacceptable. He pointed out that the need to solve the problem in the course of enforcement proceedings entails a number of negative consequences, including the collection of enforcement fees, the restriction of travel abroad and the most unpleasant thing - bringing to subsidiary liability.

Source: https://www.advgazeta.ru/novosti/byvshiy-direktor-ne-obyazan-peredavat-konkursnomu-upravlyayushchemu-dokumenty-izyatye-u-dolzhnika-v-khode-vyemki/

15 August 2019
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