Annulment of the decision of the court of first instance

For a very long time with me signed family yakovlevs the contract for subscription services (family solicitor).
For the past several years, I provide them with legal assistance and provide advice on criminal law and civil law.


In the middle of 2016 they again approached me with indignation, as the decision of the Kuzminskiy district court of Moscow in the civil case 2-3722/16, with the head of the family was charged a large sum of money under the credit agreement, however, on the loan agreement the life and health of the borrower was insured, an insured event (first group of invalidity), which were notified to the Bank and the insurance company.
I have prepared and filed an appeal in Moscow city court that its determination in the case of 33-2606/17 abolished the illegal decision and pointed out that in its appeal, the representative of the defendant indicates that on the day of conclusion of the credit agreement, i.e. 04.10.2013 Yakovlev A. N. entered into a contract of life insurance and health of the borrower loan on the terms and conditions of personal insurance of the borrower loan OOO "SOCIETE GENERALE" Life Insurance" according to which the following insured risks: death of the insured person for any reason; when the insured person disability groups 1 and 2 occurred as a result of an accident or illness; the beneficiary under the insurance contract when the insured is the lender under the credit agreement dated 04.10.2013, i.e. OJSC "ROSBANK".
Yakovlev A. N. paid the insurance premium in the amount of 32 513 rubles 66 kopecks.
Due to an accident that occurred 22.02.2015, Yakovlev A. N. established disability of the first group, what 25.04.2016 the Bank informed that in view of the provision of documents concerning the insured event specified in the credit agreement.
These circumstances indicated by the defendant's representative in the appeal, confirmed the accepted judicial Board in accordance with par. 2 of part 1 of article 327.1 of GPK of the Russian Federation as additional evidence: a life insurance policy and health of the borrower loan from 04.10.2013, a letter of confirmation Ref. No b/n from 25.04.2016 on the adoption of PJSC "Bank" of documents in an insurance case, Yakovlev A. N. under the credit agreement, a certificate of accident from 22.03.2015 reverse pass fku "GB MSE across Moscow" the Ministry's Bureau ITU No 83 PKU "Main Bureau of medical social examination of Moscow" the Ministry of labour and social development of the Russian Federation reference series ITU 2013, Individual program of rehabilitation of the disabled Yakovlev A. N., a preliminary statement from 10.04.2015, an extract from the history of GBUZ VA "CCH" g. kovrova.
Moreover, from the case materials that simultaneously with the statement of claim the plaintiff presented to the court: statement on the provision of non-earmarked credit "Simply money", according to which Yakovlev A. N. agrees to conclude the contract of personal insurance, the insured under the contract is "SOCIETE GENERALE"" Life Insurance, a beneficiary of PJSC "ROSBANK".
However, in the presence of such data, the court of first instance of legally significant circumstances of the case is not established, as well as having documents in an insurance case from Yakovlev A. N., as is clear from the letter of confirmation for outgoing. No b/n from 25.04.2016, - PJSC "Bank" information in the court is not presented.
Nevertheless, the court of first instance on the basis of presented by the plaintiff of documents, taking into account declared by the representative of the defendant the petition, is a legally significant circumstances the claim is not established, the above evidence is not examined and, therefore, not determined procedural provisions and did not attract LLC "SOCIETE GENERALE" Life Insurance" to participate in the proceedings, whereas under section 6 of article 327 of the code of civil procedure of the Russian Federation in court of appeal instance rules about replacement of the inadequate Respondent, about attraction to participation in business of third parties.
In such circumstances, admitted by the court of first instance in this part of the violations of substantive and procedural law are essential, therefore, considering clause 38 of the Resolution of Plenum VS of the Russian Federation No. 13 dated 19.06.2012 in conjunction with part 4 of article 1 of the RF CPC, the judicial Board considers that the decision of the case the court's decision cannot be considered legitimate and justified, it is subject to cancellation with a business direction on new consideration on the merits the plaintiff claims, as the Board is deprived of the opportunity to render a new decision as it would entail violation of the principle of repetition proceedings.
At the new trial the court should consider the foregoing in connection with this is to define the legally relevant circumstances in the case, requesting all available documents on the fact of a defendant with the statement of the insured event, to evaluate them along with other evidence subject to the requirements of article 67 GPK the Russian Federation, and depending on the set, identifying the procedural status of OOO "SOCIETE GENERALE" Life Insurance", to resolve the issue of bringing him to participate in the proceedings, and then decide on the merits of the decision in accordance with the circumstances, requirements of substantive and procedural law, to be applied to arisen between parties to legal disputes based on the subject matter and cause of action.
Based on the foregoing, the decision of the Kuzminskiy district court of Moscow of June 10, 2016 has been cancelled and directed on new consideration to the same court.
At new trial of the civil case in the claim of the Bank to the family of Yakovlev was denied.

In the consultations I have all my clients explain that if there is at least a small chance to win the case, you have to go up to the Supreme court of the Russian Federation with the purpose of defending their legal rights.

Sincerely, lawyer Vladislav Lyzhin.

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