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

of June 22, 2012 No. 36

About modification and amendments in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 23.12.2010 No. 63 "About some questions connected using Chapter III. 1 Federal Law "About Insolvency (Bankruptcy)"

Due to the questions Plenum of the Supreme Arbitration Court of the Russian Federation arising in court practice, being guided by article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation", decides to bring in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 23.12.2010 N 63 "About some questions connected using Chapter III. 1 Federal Law "About Insolvency (Bankruptcy)" following changes and amendments:

1. In Item 1:

a) in subitem 6 of the word", and also" to exclude the voluntary settlement;

b) add with the new paragraph of the following content:

"If competitive creditors or authorized bodies believe that their rights and legitimate interests are violated by the voluntary settlement approved by court on another matter in claim process, in particular if such agreement has the signs specified in Articles 61.2 or 61.3 of the Bankrupcy law, then on this basis they, and also the arbitration manager has the right to appeal determination about approval of such voluntary settlement, at the same time in case of the omission them term on its appeal the court has the right to recover it taking into account when person who made the complaint learned or owed learn about violation of its rights and legitimate interests. The copy of such claim goes her applicant to the representative of meeting (committee) of creditors (in case of its availability) who is also informed by court on its consideration. All competitive creditors and authorized bodies which requirements are declared in the case of bankruptcy and also the arbitration manager have the right to take part in consideration of the specified claim, including to produce the new evidence and to declare new arguments. Repeated appeal by the called persons on the same bases of the same determination about approval of the voluntary settlement is not allowed.".

2. In Item 17 the offer "If the procedure of observation or other insolvency proceeding is entered concerning both parties of the transaction, the statement for contest of such transaction is subject to consideration within case on bankruptcy of that party concerning which the first insolvency proceeding is entered earlier." to exclude.

3. The second offer of the paragraph of third Item 34 to add with words: ", it is also applied irrespective of whether the receiver affirmed in the case of bankruptcy".

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