The Supreme Court of Russia decided the case in favor of the author of the music for the film about Sherlock Holmes

The Union of Composers of Russia against the Association of Composer Dashkevich

This dispute, alas, has nothing to do with creativity – only with the contemptible material. But the famous Russian composer Vladimir Dashkevich had to defend the right of the International Association (MAKO) headed by him to the premises in the center of Moscow for a whole year. And it seems that the lawsuit with the Union of Composers of Russia ended in victory for Dashkevich. In any case, the Supreme Court, by its ruling, rejected the claims of one composer’s organizing organization to another.

This process, which concerns a very banal, but no less important issue – 444.4 meters of real estate in the center of the Russian capital, lasts a year and has its own nuances that must be taken into account in order to understand the essence of the matter. Namely: the All-Russian organization “Union of Composers of Russia” filed a lawsuit not against MAKO, headed by the respected composer Dashkevich, but against Rosreestr.

– In this case, we were the third party, but in fact the defendants, – Vladimir Sergeevich comments. – Rosreestr was indignant at the very first meeting, saying that this room has an owner, that is, our composer organization. Indeed, we have occupied it for 26 years and there were no complaints from the tax or other services to us.

– Vladimir Sergeevich, now this property dispute has finally come to an end. Or is it too early to celebrate the victory?

– Thank God that the Supreme Court scrupulously sorted out the case and issued a ruling, because there is a dispute about the right that the Union of Composers of Russia denies, proving for a year in arbitration and cassation instances that there is no such right. But we have all the documents on hand, which means that they should have filed for us, and not for Rosreestr.

In any case, the ruling of the Supreme Court now says in black and white: “The Court of Appeal (with which the district court agreed), having examined and evaluated the evidence presented in the case file, correctly applying the provisions of the procedural and civil legislation, Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”, having established that in fact there is a dispute about the right in relation to the disputed property, came to the conclusion that the applicant chose an improper way to protect the right, since the dispute about the right cannot be resolved in accordance with Chapter 24 of the Arbitration Procedure Code of the Russian Federation. End of quote.

Actually, on the basis of the foregoing, the plaintiff, that is, the Union of Composers of Russia, was denied the transfer of the cassation appeal to the Judicial Collegium for Economic Disputes of the Supreme Court of Russia.

As Vladimir Dashkevich told MK, at the moment the premises occupied by his association are located in two entrances of the famous house of composers on Bryusov Lane. In one, the Contemporary Music Ensemble rehearses, and its assistant conducts the affairs of the association there. And the area in the other is leased, the proceeds from which support the activities of the composers’ association (IACS) itself.

– Until recently, at the expense of these funds, we helped our composer organizations in Moldova, Tajikistan, and other former republics. Now, due to the change in international relations, everything has become more complicated, but everything is changing and we do not lose hope. We want to hold a concert with the participation of members of our organizations, – concluded Vladimir Dashkevich, who, at almost 90 years old, is full of creative strength and energy, which his younger colleagues can only envy.