ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of October 28, 2020 No. 716

About introduction of amendments to the Order of the Ministry of Economic Development of the Russian Federation of July 23, 2015 No. 495

According to Articles 110, 111, 138 and 139 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2020, No. 12, the Art. 1658), Item 1 and subitem 5.2.28 (51) the Regulations on the Ministry of Economic Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 No. 437 (The Russian Federation Code, 2008, No. 24, Art. 2867; 2020, to No. 27, of the Art. 4216), I order:

1. Bring in the order of the Ministry of Economic Development of the Russian Federation of July 23, 2015 No. 495 "About approval of the Procedure for tendering electronically selling property or the company of debtors during the procedures applied in the case of bankruptcy, Requirements to operators of electronic platforms, to electronic platforms, including the technological, program, linguistic, legal and organizational means necessary for tendering electronically selling property or the company of debtors during the procedures, applied in the case of bankruptcy, introduction of amendments to the order of the Ministry of Economic Development of the Russian Federation of April 5, 2013 No. 178 and recognition voided some orders of the Ministry of Economic Development of the Russian Federation" (registration No. 41182) with changes is registered by the Ministry of Justice of the Russian Federation on February 20, 2016, brought by the order of the Government of the Russian Federation of June 11, 2020 No. 851 "About recognition voided regulatory legal acts of the Government of the Russian Federation, about cancellation of some acts and separate provisions of the acts of the Ministry of Economic Development of the Russian Federation containing mandatory requirements which observance is estimated when holding by Federal Registration Service actions for the state control (supervision)" (The Russian Federation Code, 2020, No. 25, the Art. 3898), changes according to appendix to this order.

2. This order becomes effective since January 1, 2021.

Appendix

to the Order of the Ministry of Economic Development of the Russian Federation of October 28, 2020 No. 716

Changes which are made to the Order of the Ministry of Economic Development of the Russian Federation of July 23, 2015 No. 495

1. According to the procedure of tendering electronically selling property or the company of debtors during the procedures applied in the case of the bankruptcy approved by the specified order:

The subitem "d" of Item 2.2 to add 1) with words "if such documents are submitted not in Russian";

The subitem "b" of Item 3.1.2 to state 2) in the following edition:

"b) size of decrease in starting price of sale of property or company of the debtor.".

2. The requirements to operators of electronic platforms, to electronic platforms, including the technological, program, linguistic, legal and organizational means necessary for tendering electronically selling property or the company of debtors during the procedures applied in the case of bankruptcy approved by the specified order to add with Items 1.2.1 and 1.2.2 of the following content:

"1.2.1. The operator of an electronic trading platform shall be registered in the territory of the Russian Federation as the legal entity or the individual entrepreneur and conform to the following requirements:

a) concerning the operator of an electronic trading platform the liquidation procedure is not carried out and there is no decision (determination) of Arbitration Court on introduction of the procedure in the case of bankruptcy in accordance with the legislation of the Russian Federation about bankruptcy;

b) lack of information about the operator of an electronic trading platform in registers of unfair suppliers which maintaining is performed in accordance with the legislation of the Russian Federation;

c) concerning the operator of an electronic trading platform there is no decision of Arbitration Court on the termination of functioning of person which took legal effect as the operator of an electronic trading platform.

1.2.2. The operator of an electronic trading platform shall own the website of electronic platform on the Internet which e-mail address includes domain name, the rights to which belong to the operator of an electronic trading platform, and to have rights to program and technical means based on which the electronic platform functions.".

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