Sergei Bakeshin has commented for Novy Propsekt on the trial between the city administration and a land tenant

Primorsk Trade Company LLC has won a commercial case against the Property Relations Committee. The state institution “Property of St. Petersburg” sought to recover from a small enterprise almost 2 million roubles for non-compliance with the terms of a lease of a land plot, in particular, unauthorised construction of trading pavilions. However, the court dismissed the claim, noting that the inspection which identified the violation had taken place without notice to the defendant and were procedurally improper.

The Head of the Dispute Resolution and Insolvency Practice at Maxima Legal, Sergei Bakeshin, told the Novy Prospect business portal that “the rule itself, according to which verification of compliance with the terms of the contract should be notified and with the participation of the audited party, is common”.

According to Sergei, the decision of the court of first instance is likely to stand in the courts of higher instances. “But the landlord can conduct a new inspection, having notified the tenant, and again apply to the court with a similar claim”, Sergei suggested.

To read the full article (in Russian), please see the Novy Prospekt website.