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

of July 30, 2013 No. 59

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 of the 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 of 28.04.1995 No. 1-FKZ "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 No. 63 "About some questions connected using Chapter III.1 of the Federal Law "About Insolvency (Bankruptcy)" the following changes and amendments:

1. In Item 6:

a) add with the new paragraph the fourth the following content:

"Established by paragraphs the second - the fifth Item 2 of Article 61.2 of the Bankrupcy law of presumption are confutable - they are applied if other is not proved by other party of the transaction.";

b) the fourth to consider the paragraph the paragraph the fifth;

c) the fifth to add the paragraph with the new offer:

"For the purposes of application containing in paragraphs the second - the fifth Item 2 of Article 61.2 of the Bankrupcy law of presumptions availability in itself at the time of transaction of the signs of bankruptcy specified in articles 3 and 6 of the Law is not the sufficient evidence of availability of signs of insolvency or insufficiency of property.".

2. The paragraph one of Item 7 to add with the new offer:

"These presumptions are confutable - they are applied if other is not proved by other party of the transaction.".

3. Add with new Item 9.1 of the following content:

"In case of determination of ratio of Item 2 of Article 61.2 and Article 61.3 of the Bankrupcy law courts should proceed from the following.

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