In the Arbitration Court, the subject is economic disputes. For example, in 2014, Start-Invest LLC was declared bankrupt and recognized as a pyramid scheme. The defrauded depositors appealed to the Arbitration Court, among them were not only legal entities, but also individuals. The question arises: did individuals have the right to appeal to such an instance? Of course, since the subject of the claim was the economic relations between the participants. There was an important nuance: there were two founders who could not find the property. The company's property was of negligible value. And it was not possible to impose an arrest on personal property, including an apartment, since the defendants in the case had minor children, as well as real estate was recognized as the only housing. Despite the fact that the victims were included in the first, second and subsequent queues, the outcome of the case was on the side of the legal entity.
And now let's consider the reasoning from the representative of the LLC. Firstly, there were significant facts among the arguments of the lawyer of Start-Invest LLC. According to the bankruptcy recognition procedure, a legal entity can exist, avoiding liquidation, if a bankruptcy trustee is appointed, who must bring the company to the stage of “financial recovery”. This is exactly what happened with the above company. Also an important factor (another argument in favor of a legal entity) was such an organization as the deposit insurance agency (hereinafter referred to as the DIA). This company had the authority to reimburse up to 1.4 million rubles to defrauded depositors. Recently, another innovation was under consideration. The amount of insurance compensation was proposed to increase to 10 million rubles. But, in this case, the outcome was more sad.
The fastest customers managed to withdraw money in the amount of an amount exceeding the minimum deposit, a priori from being misled by bank employees regarding the terms of the contract. Some of the depositors managed to stay with their own. Some managed to get minor compensation from the DIA. But most have failed. Of course, the financial scheme of Anna's organization was so flawlessly verified that the representative in court managed to brilliantly protect the interests of the client. In theory, representation in court, especially of corporate entities, has a certain algorithm. First, as in the case of individuals, a claim is filed. The parties are trying to find a consensus to resolve corporate issues, professional conflict analysts (intermediaries) are often involved – specialists who conduct negotiations trying to resolve problems. If this does not help, then representatives of one of the parties file a statement of claim. The judge appoints the time of the court session and the representatives of the parties appear in the hall.