On April 8, 2024, the Supreme Court issued Ruling No. 305-ES23-24041 in case No. A40-246949/2022, a ruling of significant importance. It defended the bailiff who, due to doubts about the authority of the claimant's representative, failed to transfer funds to the representative's account. The bailiff's actions, which included measures to verify the validity of the power of attorney, were appealed. The PoA stated that the representative had the right to receive more than 51 million rubles into his personal account, the amount collected by the court decision in favour of the principal company. Despite repeated requests, the original power of attorney did not appear in the enforcement proceedings for an unknown reason.

In her comment to “Advokatskaya Gazeta” (Russian Advocacy Newspaper), TV&P lawyer Ekaterina Schmitt emphasized the importance of this case. In her opinion, it serves as a reminder to the courts that the bailiff's role is crucial in preventing situations where funds are transferred to unauthorized persons using counterfeit copies of the power of attorney. She noted that there are numerous examples in judicial practice where such inattention by bailiffs led to the recovery of damages from them. Therefore, the proper identification of the claimant is not just a formality, but a crucial step that guarantees the protection of the latter's interests and protects bailiffs themselves from subsequent claims.

“Advokatskaya Gazeta” (Russian Advocacy Newspaper) is the official body of the Russian Federal Bar Association (published since 2007). The Newspaper’s publications are devoted to the most important legal topics, case law, as well as legal practice and issues of advocacy.

No copying of this information without quoting the source of publication is allowed. If you need to contact the TV&P lawyers you may use the application form in “Contacts”.