of June 4, 2009 No. 130
About some questions connected with transitional provisions of the Federal Law of 30.12.2008 No. 296-FZ "About introduction of amendments to the Federal Law "About insolvency (bankruptcy)
Due to the questions arising in court practice concerning application of transitional provisions of the Federal Law of 30.12.2008 N 296-FZ "About introduction of amendments to the Federal law "About Insolvency (Bankruptcy)", Presidium of the Supreme Arbitration Court of the Russian Federation according to article 16 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" informs Arbitration Courts on the developed recommendations.
1. According to article 5 of the Federal Law of 30.12.2008 N 296-FZ "About introduction of amendments to the Federal law "About Insolvency (Bankruptcy)" (further - the Law N 296-FZ) this Law became effective from 31.12.2008.
According to Item 1 of article 4 of the Law N 296-FZ the Federal Law of 26.10.2002 N 127-FZ "About insolvency (bankruptcy)" (further - the Bankrupcy law, the Law) in edition of this Law is applied by Arbitration Courts by hearing of cases about bankruptcy on which production is initiated after day of entry into force of the Law N 296-FZ.
Date of initiation of proceeedings about bankruptcy proceeding from part 3 of Article 127 and part 1 of Article 223 of the Arbitral Procedure Code of the Russian Federation is date of removal of determination about adoption of the statement for recognition of the debtor by the bankrupt.
With respect thereto according to Item 1 of article 4 of the Law N 296-FZ Bankrupcy law in edition of this Law (further - new edition of the Law) it is applied by Arbitration Courts by hearing of cases about bankruptcy based on statements which determination about acceptance is taken out after 31.12.2008.
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