Attorney, Head of Litigation and International Arbitration at ART DE LEX Artur Zurabian believes that the Supreme Court Ruling is interesting in the sense that it further develops the direction set by Resolution of Plenum of Supreme Court No. 13 towards streamlining enforcement of such acts. «A few years ago, it was next to impossible to pursue secondary liability on the owner of property of a state-owned enterprise. If the treasury did nothing (and the treasury, as a rule, unlike bailiffs, is interested in defending the state budget, i. e. the debtor), then the recoverer had to prove not only the fact of non-execution of the enforcement document by the treasury within the specified time limits, but also the fact that the debtor actually has no money. This being the case, the very fact of the debtor confirming the presence of monetary funds in a situation of a failure to execute a judicial act made sufficient grounds for a dismissal of the claim against the property owner (e. g. see Resolution of Commercial Court of Moscow District on case No. А40-172621/2014)», - he noted.
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