The Supreme Court recalled the prejudice of decisions of courts of general jurisdiction in arbitration cases on bankruptcy of individuals
On July 7, the Supreme Court issued Ruling No. 305-ES22-3659 in case No. A40-86027 / 2019, in which it recalled the impossibility of revising a judicial act of a court of general jurisdiction that has entered into legal force by filing a claim for exclusion in a separate dispute in an arbitration case on the debtor’s bankruptcy from the bankruptcy estate of the debtor of real estate objects, on which the decision of the court of general jurisdiction, which has entered into legal force, was levied to pay off the debt collected from the debtor.
Partner of the financial and legal group of companies Tenzor Consulting Group, lawyer Anton Makeichuk, in a commentary for the Lawyer’s newspaper, concluded that the Supreme Court of the Russian Federation continued to form the correct vector of judicial practice on the issue of the impossibility of absolute interpretation of executive immunity, the idea of which was laid down in the Resolution of the Constitutional Court of the Russian Federation No. 15-P /2021.
“The concept embodied in the commented definition of the Supreme Court acts as a tool, the purpose of which is to level the general course of judicial practice when considering debtors’ applications for the application of executive immunity to overcome the acts of courts of general jurisdiction that have taken place”
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