Samara court leaves Alexander Tuzov’s appeal without action
Penza, 15 July 2016. PenzaNews. The deputy chairman of the 11th Arbitration Appeal Court Vladimir Karpov, who reviewed Tuzov’s case, rendered a decision to leave the defendant’s complaints without action, under the decision of the Penza region Arbitration Court he has to pay the founding body of PenzaNews 265,000 rubles of compensation for illegal use of copyrighted photos.
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In accordance with Art. 260 of the Arbitration Procedural Code of the Russian Federation, the document confirming that the copies of the appeal have been forwarded or handed in to other persons taking part in the case and the documents they do not possess shall be enclosed to the appeal,” the court order of 14 July 2016 specifies.
It stipulates that the appeal of Alexander Tuzov was not accompanied with the documents, in particular, confirming forwarding or handing in the appeal to Ivan Malikov, who appears not only as the president of “VolgaInterMedia,” the founding body of the news agency PenzaNews, but also as the third party.
“Thus, the appeal was filed in breach of the requirements imposed by Art. 260 of the Arbitration Procedural Code of the Russian Federation, and shall be left without action,” the document states.
However, as it is specified in the document, Alexander Tuzov is able not later than 10 August 2016 to provide the department of court proceedings with proofs of eliminating circumstances that constitute grounds for leaving the appeal without action.
Meanwhile, on July 13 the judge Vladimir Karpov rendered a decision on the appeal of LLC “VolgaInterMedia.” The court found that it was filed in accordance with the requirements of Art. 260 of the Arbitration Procedural Code of the Russian Federation and appointed a session for Monday, August 8.
As stipulated in the appeal of LLC “VolgaInterMedia,” the claimant agrees with the judgment delivered by the Penza region Arbitration Court except for the part with application of Paragraph 3, Art. 1252 of the Civil Code of the Russian Federation, resulting in two times reduction of the compensation sum – up to 265 thousand rubles for 53 facts of illegal use of copyrighted photos.
“The claimant fully supports the rest of the decision of the court of first appearance, considers it legitimate and justified. The factual circumstances, which were important to the case, were established by the court on the basis of full, thorough and objective investigation of available evidence and with regard to the arguments and objections of the persons involved in the case. Final conclusions of the court concerning the claimant’s exclusive rights to disputed photos and their illegal use by the defendant also correspond to the factual circumstances and evidence presented in the case,” the appeal of LLC “VolgaInterMedia” says.