StroyInvest OOO

Core of the Case

Forestry in the court of first instance won the claim for the demolition of the client’s gas station. The trial took place without the participation of the client, although notifications were sent to him. The task was to cancel the decision of the court of first instance, to prove the improper notification of the defendant by the court of first instance. The particular complexity lied in the fact that the decision under appeal was made in 2015, that is, more than 2 years ago, and all the appeal periods established by law have expired. We prepared an appeal, substantiated the violation by the Russian Post of its rules regarding the double delivery of a notice of letter receipt to the defendant, due to which it was proved that the appeal period was missed for valid reasons. This made it possible to provide evidence that was not presented in the court of first instance, where the defendant failed to appear.

Scope of Services

An appeal was prepared, the violation of the rules by the Russian Post was substantiated.

Achievements, Results, Importance, Significance of the Project

The legitimacy of the location of the client’s facility was proved, as well as the lack of authority for the forestry to bring claims for the demolition of unauthorized buildings. As a result, the decision of the court of first instance was canceled, the case was completely won. Importance to the client – this facility was the main real estate asset. Importance to the legal system – such decisions of the courts confirm the inadmissibility of claims by any government agency for the demolition of unauthorized buildings, even if it is really unauthorized. In addition, such court decisions contribute to the strict implementation by the Russian Post of its own rules.

Case File

А41-28031/2015