BGP Litigation senior associate Denis Savin speaks with about the freezing of a debtor's assets worth RUB 1.6bn in a dispute with the Federal Tax Service

"Denis Savin, senior associate at BGP Litigation, believes that in the context of the case the interim measures are not so severe. "The thing is that in the last few years court practice has swung in the tax authorities' favor when it comes to recovering amounts from related parties under Article 45(2)(2) of the Tax Code", he says. "Such instances of asset freezing are not news for business". In 2016 upon the request of investigators a court froze RUB 1.6 billion in the bank accounts of LLC Delovye Linii in a criminal tax evasion case (Art. 199(2)(b) of the Tax Code)". Sometimes interim measures are also ordered in favor of the taxpayer, if it is a particularly socially significant company, adds Savin. For example, in case No. А56-27787/2016 the court found that an additional assessment of RUB 1 billion under a disputed decision was significant for the institution in question and that failure to order interim measures could result in substantial harm to the applicant. Also, in July 2015 SMU-11 Metrostroy and St. Petersburg Metropolitan concluded an independent contractor agreement for major reconstruction work on the Vasileostrovskaya underground station. Delivering the work on time under the contract is a socially important objective for St. Petersburg, the lawyer emphasizes".

The full article (in Russian) is available here: "Юристы прокомментировали заморозку активов должника на 1,6 млрд руб. в споре с ФНС".