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BNK against bureaucrats

Services provided: Debt recovery after trial, Debt recovery through court, Change authorized use / Change target, Accompanying the donation of real estate, Accompanying the sale of real estate, Collecting bad debts through a citizen’s bankruptcy

Lawyers who led the project

The essence of the claims

The Office of Rosreestr demanded that ZAO BNK be fined for holding the company land plot not belonging to it and did not eliminate the violation within the time limit prescribed by law

Plot of affairs

In May 2017, the Kaliningrad Department of the Federal State Registration Service conducted in relation to the JSC "BNK" unscheduled field inspection. During the inspection, it was found that some objects company infrastructure (such as a transformer substation, a fire extinguishing station, sewers and wastewater treatment plants) are located on land that does not belong to it. The Office considered that the site was occupied without permission, and issued an order to eliminate violations within six months. Companies were asked to either remove objects from someone else’s land, or to agree on their placement with the owner - the Ministry of Defense.

Six months later, the situation has not changed. In Rosreestre decided that the violation has not been eliminated, and filed an administrative case under Part 25 of Article 19.5 of the Administrative Code of the RF (failure to comply with the legal prescriptions). The case was referred to the magistrate.

The director of ZAO BNK turned to the law firm Solntsev and Partners. Stanislav Solntsev, who represented the interests of the company, gathered evidence that the respondent company repeatedly appealed to the structure of the Ministry of Defense with a request to resolve the issue with the site and even received positive responses. In the allotted time Rosreestrom the defendant failed to settle through no fault of their own, but because of the slowness of the bureaucratic machinery of the MoD. The judge agreed that BNK CJSC was not guilty of the delay, and decided to stop administrative case against him

Result

The administrative case was terminated, the client avoided the obligation to pay the fine.

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