ARBITRATION FEE AS A CURRENT REQUIREMENT

The courts left the application without consideration, pointing out that bankruptcy proceedings had been introduced against the interested person, and the claim from the arbitration award had already been forcibly implemented and included in the register.

The Supreme Court of the Russian Federation corrected the lower authorities and urged them to follow the general rule for determining the nature of the requirement (current or registered).

Thus, the Supreme Court noted that the obligation to pay the arbitration fee arose after the date of acceptance of the application for recognition of the interested person as bankrupt. Consequently, the requirement to issue a writ of execution for the compulsory recovery of costs for the payment of the arbitration fee is current.

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