Constitutional Court of Russia protected the interests of children in the case of bankruptcy of their parents

The day before, the Constitutional Court of the Russian Federation considered the complaint of a woman who was dissatisfied with the position of the arbitration courts.  They partially denied her demand to leave the subsistence minimum for herself (the bankrupt debtor) and for her two minor children during bankruptcy.

The applicant had been declared insolvent two years earlier due to arrears under a loan agreement, in which she acted as a guarantor. After that, she demanded to exclude the amounts equal to the subsistence minimum for her and her two daughters from the bankruptcy estate, which was formed on the basis of her earnings.

The courts found it possible to only partially satisfy the claim, having indicated that the youngest daughter had a second parent who was also obliged to bear the burden of her maintenance, and satisfied the claim in this part only for half the amount.

Considering the complaint, the Constitutional Court of the Russian Federation noted the importance of maintaining a balance of interests between creditors and the debtor, including the latter's dependents. At the same time, the board noted that the provisions of the Family Code cannot become a basis for depriving a child of the right to be supported by parents, even in a situation where there is no evidence confirming the fact that the second parent evaded the performance of his duties.

The Constitutional Court issued a decision to reconsider the applicant's case.