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Regression procedure for officials is improved

12.02.2018
Regression procedure for officials is improved

The Government of the Russian Federation will submit to the State Duma a draft amendment to the Budget Code of the Russian Federation, which supposed to increase the efficiency of representation in the courts the interests of the Russian Federation, constituent entities of the Russian Federation and municipalities on claims for recovery of funds from budgets of all levels and execution of judicial acts.

The partner of the "YUST" Law Firm Alexander Bolomatov described the idea proposed by the authorities as ambiguous: "It is proposed to work out the order in which the administrator of budgetary funds will represent the interests of the state in court on disputes on recovery of damage from the state. It should be noted that in case of a particular dispute, the manager does not have any information about the dispute, cannot comment on it, his participation in the process is completely useless".

The expert also explained to “Novaya Advokatskaya Gazeta” that the function of the manager is only the payment of funds and nothing more. "The bank of the defendant should also be involved in the case, since it is the bank that will conduct the payment when the claim is satisfied." It seems to me that this is senseless, but only has the aim of putting pressure on the court to the fact of the necessity of spending public funds when the claim is satisfied. I believe this change will negatively affect the consideration of this category of cases,"concluded Alexander Bolomatov.


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