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

of July 23, 2009 No. 63

About the current payments according to monetary commitments in the case of bankruptcy

Due to the questions arising in court practice connected using provisions of the Federal Law of 26.10.2002 N 127-FZ "About insolvency (bankruptcy)" (further - the Bankrupcy law, the Law) about the current payments according to monetary commitments, and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation, being guided by 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 Item 1 of Article 5 of the Bankrupcy law monetary commitments belong to the current payments if they arose after acceptance date of the statement for recognition of the debtor by the bankrupt, that is date of removal of determination about it.

Courts in case of application of this regulation need to consider that owing to Article 2 of the Bankrupcy law the monetary commitment for the purposes of this Law is understood as obligation of the debtor to pay to the creditor certain sum of money according to the civil transaction and (or) other basis provided by the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), the budget legislation of the Russian Federation (in connection with provision of budget credit to the legal entity, issue of the state or municipal guarantee, etc.).

Thus, as the current payment only that obligation which assumes use of money as instrument of payment, means of repayment of money debt can be qualified.

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