RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of July 23, 2009 No. 59

About some questions of practice of application of the Federal Law "About Enforcement Proceeding" in case of initiation of proceedings on bankruptcy

Due to the questions arising in court practice and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to give to Arbitration Courts (further courts) the following explanations.

1. According to the paragraph the second Item 1 of article 63 of the Federal law "About Insolvency (Bankruptcy)" (further - the Bankrupcy law) from the date of removal of determination by court about introduction of observation of the requirement of creditors for monetary commitments and about payment of obligatory payments, except for the current payments, can be shown to the debtor only with observance of the procedure for presentation of requirements to the debtor established by the Bankrupcy law. The requirements supported by the executive documents also belong to the specified requirements.

By consideration of the corresponding disputes, in particular disputes on recognition not subject to execution of executive and other documents, about recognition invalid the transactions of the debtor attracting preferential satisfaction of requirements of one creditors before others about involvement of the head of the debtor or arbitration manager to responsibility for causing losses, courts it is necessary to recognize that in sense of the given regulation the satisfaction with the debtor of requirements of certain creditors, including at the initiative of the debtor, contradicts provisions of the Bankrupcy law.

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