Case Comment on the Judgment of the Chamber for Commercial Disputes of the SC RF No. 305-ЭС18-13693, 6 December 2018Public funds could be provided in Russia to manufacturers and service providers in the form of non- repayable financing (subsidy) for two purposes: to compensate expenses on duties imposed on a company by public regulation and to provide financial support to certain businesses. In relation to the latter case, the Supreme Court of Russia has for the first time considered the issue of whether the public authority in charge of the management of public funds could groundlessly refuse to perform its duties under an agreement to provide the funds (the agreement being regulated by public law rules). The court answered this question in the negative. The recipient of the funds has a pecuniary right to receive money that should be protected by courts.
|Translated title of the contribution||Commercial Organization Entitled to a Subsidy from Public Funds Could Protect Its Right to Such a Payment|
|Journal||Вестник экономического правосудия Российской Федерации|
|Publication status||Published - Apr 2019|