Civil process control

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Description

Civil process control

Completed tasks in civil law
Activity: Pre-trial (Claims) procedure for settling civil disputes. 3
Task. In violation of the RF LCD st.44-46 decision to establish HOA decided at a meeting of two persons, who at that time ownership of the premises in the house did not have.
The prosecutor in the interests of the Russian Federation on behalf of the Federal Agency for State Property Management (Agency) filed a lawsuit to the HOA in the order of Art. 45 Code of Civil Procedure of the Russian Federation on the liquidation of the legal entity on the grounds that the establishment of the HOA serious violations of legal requirements, the decision taken by the partnership without notice and without taking into account the interests of the Russian Federation, is the owner of more than half the rooms in the house.
The district court granted the prosecutor´s demands.
The appeal court overturned the decision of the district court, stating that the Federal Property Management Agency, in whose interests the prosecutor claimed claim the right to apply to the court for the liquidation of the legal entity does not have, which deprives the public prosecutor the right to appeal to the court with this claim in the interests of the state represented by the Federal Property Agency .
Is it legal to the decision of the court of cassation? 8
REFERENCES 11

Additional information

Completed tasks in civil law

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