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18.02.2020 Tatiana Tsepkina and Roman Nevzorov prevented the seizure of property and money of the principal of Linnikov & Partners at the request of state authority in a resonant case involving the ex-manager of large-scale bank for losses allegedly caused to a credit institution. At the same time, the defendant’s involvement in the infliction of losses, as well as the fact of the existence of any losses by the bank by the court, has not been established. Even the local victory of the attorneys of Linnikov & Partners can be considered significant, since the result achieved by the respondent’s representatives runs counter to the alarming trend in the development of judicial practice in corporate disputes, according to which the institution of interim measures is not used to ensure the enforcement of a judicial act in the future, but only as a tool moral pressure on defendants. At the same time, defendants in such cases, as a rule, had only previously entered the governing bodies of credit organizations, on the basis of which groundless claims were brought against them to recover alleged losses. In most cases, jointly and severally, from the entire management team, using the urgent nature of interim measures and the procedure for considering such applications without calling the parties, unscrupulous plaintiffs seek the seizure of property and money in the accounts of defendants whose unlawfulness is not established by a judicial act. In practice, the presence of a dispute in arbitration court automatically entails the adoption of interim measures.
We hope that a fair and just decision on the arbitration dispute involving the Linnikov & Partners team will be an important example that will help prevent further violations of the rights and legitimate interests of defendants in this category of disputes.
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