RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
CHECKING THE CORRECTNESS OF WAGES THROUGH THE LENS OF BANKRUPTCY
The manager appealed to the court with a demand to invalidate the employment contract and the employment order of the defendant, who was an affiliated person (case no. A32-32466/19).
In rejecting the application, the court of first instance concluded that the administrator had not proved the totality of the conditions necessary to invalidate the contested transaction and the absence of grounds for qualifying the transactions with the application of articles on the invalidity of transactions.
The appeal partially satisfied the application, pointing out that the disputed employment contract and the order were concluded during the period of suspicion. The court established the fact of affiliation of the debtor and the defendant. As of the date of the conclusion of the disputed employment contract and the order, the debtor met the criteria of insolvency. The Court of Appeal took into account that the salary accrued to the defendant exceeded the established salary of the director by 10 times. At the same time, the reasonableness of increasing the remuneration of the head in the conditions of a property crisis is not justified.
The court, having established that the evidence presented in the case file confirms the fact that the defendant is engaged in labor, concluded that the clause of the employment contract and the order regarding the amount of the monthly official salary are subject to invalidation.
The cassation sent the dispute for a new review regarding the application of the consequences of the invalidity of the transaction and pointed out that the court of appeal accepted the bankruptcy trustee's calculation based on the 2-personal income tax certificates for 2018-2019 and concluded that as an application of the consequences of an invalid transaction, funds should be collected from the defendant.
At the same time, in the part concerning the application of the consequences of the invalidity of the transaction, the court of appeal did not take into account the following. The defendant is the recipient of only payments accrued by his employer, and does not independently pay the above-mentioned tax to the budget, and therefore it is not subject to collection from the defendant.
In the opinion of the instance, the court of appeal, considering the dispute according to the rules of the first instance, did not investigate the issue of actually paid wages to the defendant. At the same time, this issue was included in the subject of the study when applying the consequences of invalidating the transaction.
In rejecting the application, the court of first instance concluded that the administrator had not proved the totality of the conditions necessary to invalidate the contested transaction and the absence of grounds for qualifying the transactions with the application of articles on the invalidity of transactions.
The appeal partially satisfied the application, pointing out that the disputed employment contract and the order were concluded during the period of suspicion. The court established the fact of affiliation of the debtor and the defendant. As of the date of the conclusion of the disputed employment contract and the order, the debtor met the criteria of insolvency. The Court of Appeal took into account that the salary accrued to the defendant exceeded the established salary of the director by 10 times. At the same time, the reasonableness of increasing the remuneration of the head in the conditions of a property crisis is not justified.
The court, having established that the evidence presented in the case file confirms the fact that the defendant is engaged in labor, concluded that the clause of the employment contract and the order regarding the amount of the monthly official salary are subject to invalidation.
The cassation sent the dispute for a new review regarding the application of the consequences of the invalidity of the transaction and pointed out that the court of appeal accepted the bankruptcy trustee's calculation based on the 2-personal income tax certificates for 2018-2019 and concluded that as an application of the consequences of an invalid transaction, funds should be collected from the defendant.
At the same time, in the part concerning the application of the consequences of the invalidity of the transaction, the court of appeal did not take into account the following. The defendant is the recipient of only payments accrued by his employer, and does not independently pay the above-mentioned tax to the budget, and therefore it is not subject to collection from the defendant.
In the opinion of the instance, the court of appeal, considering the dispute according to the rules of the first instance, did not investigate the issue of actually paid wages to the defendant. At the same time, this issue was included in the subject of the study when applying the consequences of invalidating the transaction.
24.09.2025
