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Judgment of the Constitutional Court of 4 June 2015 № 13-П upon the petition of V.A.Knyazik and P.N.Puzyrin

Is the state liable for compensation issued to the good-faith purchaser of real estate, when such transaction was later annulled by the court, with such compensation based on the fact that the relevant state body bears responsibility for wrongful actions while registering the rights to said real estate (residential property)
Dissenting opinion: 
Bondar Nikolay

Ruling of the Constitutional Court of 4 February 2014 № 222-О on the refusal to accept for consideration the petition of the limited liability company “Baltiyskiy Lizing” against violation of its constitutional rights  by paragraph 3 of Article 421, paragraph 1 of Article 454, paragraph 1 of article 624, paragraph 1 of Article 1102 of the Civil Code of the Russian Federation and paragraph 1 of Article 19 of the Federal law “On Financial Lease (Leasing)”

The constitutionality of contested rules as implying the right of the lessee to recover from the lessor at the termination of the contract a part of previously made leasing payments as an unjust enrichment, regardless of the actual financial result of the leasing operation, and in particular regardless of the losses of the lessor, caused by the breach by the lessee of his obligations under contract and its subsequent termination

Judgment of the Presidium of Supreme Commercial Court of 18 September 2012 № 5338/12 in the case The company “Spektr” vs The Bath and Laundry Enterprise “Chaika” et al.

Point of law: whether it is possible to recover interest for the use of another’s means (Art 395, Civil Code), if the party which lost the case, has failed to reimburse timely the litigation expenses to the winner?

Judgment of the Presidium of the Supreme Commercial Court of 22 May 2012 № 13443/11 in the case The company “MIG Story” vs The city of Kaliningrad

Point of law: whether the demand of a person to recover the losses (expenses) is lawful, if they were borne as a result of his fulfilment of a decision of a public authority which was adopted following the request of the same person, but was knowingly not conforming to a law?

Judgment of the Presidium of the Supreme Commercial Court of 31 January 2012 № 12506/11 in the case The entrepreneur Elena Samsonova vs The City of Tula et al.

Point of law: whether the recognition of the actions of a public authority as being unlawful by way of procedure of Chapter 24 of the Commercial Procedure Code is a necessary precondition of the recovery of losses caused by those actions pursuant to Arts 16 and 1069 of the Civil Code?

Judgment of the Presidium of the Supreme Commercial Court of 17 January 2012 № 11292/11 in the case The Company "RLP-Yarmarka" vs The company "Aternum"

Judgment of the Presidium of the Supreme Commercial Court of 17 January 2012 № 11292/11 in the case The Company “RLP-Yarmarka” vs The company “Aternum”

Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 9350/11 in the case The company "Trast-S" vs The Federal Service of Court Bailiffs

Point of law: whether an enforcement fee wrongly levied by a court bailiff-executor from the debtor and subsequently refunded following a suit of one of the creditors should be entirely spent to meet lawful claims of this particular creditor or the latter is entitled to only pro rata portion of the sum in question in accordance with the share of his claims within the consolidated execution procedure?

Judgment of the Presidium of the Supreme Commercial Court of 10 November 2011 № 6773/11 in the case Ministry of Culture of Buryat Republic vs The company "Meliorator"

Point of law: whether the envisaged value of the necessary conservation works to be carried out on an archeological site shall constitute a real damage, or it is merely hypothetical and therefore cannot be regarded as damage and, consequently, is not subject to compensation.

Judgment of the Presidium of the Supreme Commercial Court of 6 September 2013 № 2929/11 in the case “Sigma Capital Partners” vs Angentro Trading and Investments Limited et al.

How to determine the amount of profits lost by the defendant as a result of an interlocutory injunction (seizure of shares in dispute) related to a suit which has been eventually dismissed by a court?

 

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