A SPECIAL ACCOUNT IS NOT A PANACEA. THE SUPREME COURT ALLOWED TO WITHDRAW FUNDS RECEIVED UNDER STATE CONTRACTS FROM BANKRUPTS

As indicated by the Supreme Court of the Russian Federation in the Review of Judicial Practice of resolving disputes on insolvency (bankruptcy) for 2022 dated April 26, 2023 (paragraph 13), the condition of the contract for settlements through a special account with bank support of the transaction does not separate the funds stored in this account from the creditors' claims.

Recall that the determination of the judicial board, where this position was first expressed, was made as part of the consideration of a dispute on the invalidation of payments made under a state contract using a special bank account.

The courts of three instances refused to satisfy the claim, because, in the opinion of the courts, the special account regime provided for the receipt of money from the municipal customer with the intended purpose.

The Supreme Court, canceling judicial acts, noted that the funds placed on a special account are not protected by executive immunity.

By including this position in the review of practice, the Supreme Court made it mandatory for all courts.

Special attention should be paid to the fact that earlier the Supreme Court took the position that funds placed on a special account transferred to an insolvent debtor under a state contract for the execution of a defense order are protected by executive immunity. That is, the new position is a revision of an earlier rule.

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