Yevgeny
Aminov
Partner
Academic degree
PhD in Jurisprudence
Experience
Since 2005
Teaching experience
Since 2007
Associate Professor, Civil Law Department at the Ural State Law University named after V.F. Yakovlev
Associate Professor, Department of Law of Obligations at Urals branch of the Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev (PLRC)
Courses: non-contractual obligations, private international law.
Scientific activities
PhD thesis: «Novation in Russian Civil Law» (2011). Co-author of textbooks on Civil Law and Private International Law. Author of more than 20 articles and a commentary to the Civil Code of the Russian Federation.
Education
the Ural State Law University named after V.F. Yakovlev
Expertise
Civil law
Сivil proceedings
Torts
Termination of obligations
Corporate law
Bankruptcy
Private International Law
Key cases
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Successfully represented the Principal in a legal entity bankruptcy case in which, for the first time in court practice, the individuals under whose control the management of the legal entity actually acted were brought to subsidiary liability for the debts of an insolvent legal entity worth RUB 6.4 billion. The controlling persons were not officially members of the insolvent legal entity.
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In a case heard by the Presidium of the Supreme Arbitration Court of the Russian Federation, it was proved that a chain of loan agreements worth RUB 1.4 billion entered into between a number of legal entities constituted imaginary deals to cover up a single void deal. The court held that the qualifying feature of such null contracts was their lack of intent to create legal consequences typical for loan agreements. Subsequently, the legal position formulated in this case was actively applied by the lower courts.
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It was proved that the metallurgical factory incurred losses in the amount of RUB 351 million as a result of the actions of its former sole executive body. In that case, the court not only applied the provisions on torts to the liability of the legal entity's body but also stated that, given that the property liability of the legal entity's bodies must be based on an effective enforcement procedure, the limitation period for claims brought by the legal entity against its former executives must be calculated from the time when the new bodies of the legal entity found out or should have found out about the relevant losses.