A certain group of persons carried out the actual and legal seizure of an economic entity along with its property and all documents, having previously illegally updated information about the sole executive body (General Director) in the Unified State Register of Legal Entities (USRLE) several times, removing the legitimate head from the management of the company.
We successfully challenged all the changes to the USRLE, the arbitration court recognized as illegal the decisions of the registering authority on the introduction of records from 11.02.2020, 21.02.2020, 26.02.2020 on the change of general directors.
Then, within the framework of case A56-104635/2021, we demanded from the imposter, who had long posed as the legal representative of the company, all the documents that were in the company’s possession. We managed to prove the facts of the presence of documents in the seized premises of the company at the time of its seizure and their use by the imposter during his tenure as general director.
In accordance with the decision of the court of first instance, which remained unchanged by the courts of appellate and cassation instances, the documents were demanded. In addition, guided by the clarifications given in the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016, No. 7, based on the principles of fairness, proportionality, and inadmissibility of deriving benefits from illegal or unfair behavior, the court considered it necessary to award the imposter a monetary amount (judicial penalty) in case of non-execution of the judicial act in the amount of 7,500 rubles per day for each day of delay in execution, to be accrued after five business days from the date of the decision’s entry into legal force.
