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Bolshaya Polyanka Str., 7/10, Bldg. 1, 119180, Moscow, Russia

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Enforcement Proceeding

The services of Grebelsky & Partners are not limited solely to judicial representation. In modern Russian realities, even the most perfect court decision does not always protect the interests of the party in whose favor it is made.

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The services of our law firm are not limited solely to judicial representation. Like no one else, we understand that in modern Russian realities, even the most perfect award or decision does not always protect the interests of the person in whose favor it is made. Unlike the Western states, Russia does not have the level of respect for the judicial system that would make it possible to confidently predict the final enforcement of a judicial act by the losing party.

That is why the actions of the winning party at the stage of enforcement proceedings are of particular importance. During the work, the lawyers of the Grebelsky & Partners provided qualified legal assistance in dozens of enforcement proceedings. We do not limit ourselves solely to presenting a writ of execution for recovery, but we accompany the execution procedure throughout its duration. Often, our specialists themselves carry out the actions that the Federal Statute “On Enforcement Proceedings” entrusts to bailiffs: we search for bank accounts, prepare draft requirements for bailiffs, arrange for prompt delivery to the addressees of bailiffs’ requests and answers to them, accompany the bailiff’s trips to the debtor, etc. This greatly accelerates the process of enforcement of the court decision, which without such acceleration can last for years.

In difficult cases, the lawyers of the firm seek the imposition of interim measures against debtors and their property, assist in organizing tenders, conduct the necessary examinations, and attract qualified specialists to give opinions on whether the judicial act is executed or not.

Other greatest difficulties are the enforcement of court decisions on the recovery of funds from public authorities and local governments. In these cases, the lawyers of the firm seek compensation for their clients for violation of the right to enforce a judicial act within a reasonable time.

Alas, in our practice, we have repeatedly encountered the reluctance of the bailiff to enforce a court decision, which sometimes took the form of open opposition. In this regard, our clients will benefit from the positive experience gained by the lawyers of the firm in resolving such situations.

Here are some striking examples of enforcement proceedings conducted by the lawyers of Grebelsky & Partners:

  • Representing the owners of a Moscow Building Materials Plant as part of the enforcement proceedings, in which the prefecture of one of the Moscow District was the debtor. In this case, our specialists had to overcome the inaction of the bailiffs under administrative pressure from the District Prefecture: twice the enforcement proceedings were lost, transferred from one department to another, several bailiffs were replaced. The lawyers of the firm restored the lost materials of the enforcement proceedings, submitted an expert opinion proving non-enforcement of the court decision, quashed the illegal Decree on the completion of the enforcement proceedings and, ultimately, enforced the court’s decision, which remained without enforcement for more than 5 years;
  • Debt collection from a subsidiary of the main state-owned construction company in Moscow. In this case, the firm’s lawyers managed to seize the debtor’s most liquid assets by the bailiff, after which a motion was filed to declare the debtor bankrupt. Under the pressure of these measures, the parent organization carried out targeted financing to cover all debts of the subsidiary;
  • Representing the leading distributor of branded clothing from Germany in the enforcement proceedings on the recovery of several hundred million rubles from the owners of the largest shopping and entertainment center in Rostov-on-Don.
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KEY CONTACT
Alexander Grebelsky
Alexander Grebelsky
Managing partner
+7 (495) 580–50–94
A.Grebelsky@gplaw.ru

Bolshaya Polyanka Str., 7/10, Bldg. 1, 119180, Moscow, Russia

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