Sergei Bakeshin assessed for Pravo.ru the position of the Supreme Court of the Russian Federation allowing to recover the costs of a lawyer from complainants

The creditors of Od”yedinennaya Stoitle’naya Kompaniya requested administrative liability for the inaction of the bankruptcy trustee. The case was dismissed for lack of corpus delicti, but the Supreme Court of the Russian Federation allowed the bankruptcy trustee to recover from the initiators of the proceedings the costs of a lawyer engaged to defend their interests.

According to Sergei Bakeshin, Counsel, Head of Dispute Resolution & Insolvency practice at Maxima Legal, the complaints were just a reason to initiate administrative offence proceedings. “Under the Russian Federation Code of Administrative Offences, their senders are not involved in the proceedings, while the Supreme Court recognised the whistleblowers as the losing party. If the position of the Supreme Court from the definition will spread, it will lead not only to a sharp reduction in the number of complaints about the actions of bankruptcy trustees, but also to a reduction in the number of complaints to any administrative and law enforcement agencies. If filing an application to the prosecutor’s office, police or sanitary inspection may entail the recovery of legal costs, you will think hard whether it is worth writing such an application”, Sergei commented on the position of the Supreme Court of the Russian Federation specially for Pravo.ru legal publishing.

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