Constitutional Court of the Russian Federation indicated when it is impossible to recover wages in bankruptcy

The complaint of a citizen who expressed disagreement with the norm of the Civil Procedure Code on reversing the execution of a court decision was submitted to the Constitutional Court for consideration.  The man collected wages from the employer company, but after that the amount was reduced by the courts due to the bankruptcy of the organization.

The applicant worked in the company for more than a year. By the court order he collected a salary debt from the company, but after that the company went bankrupt. This was the reason for the recognition of the employment contract as invalid in terms of establishing wages in excess of 15 thousand rubles.

The courts considered that the cancellation of the previously issued court order took place in connection with the revision of the decision due to newly discovered circumstances.

The restrictions established by the Article 445 of the Code of Civil Procedure of the Russian Federation for reversing the execution of judicial acts could not be applied.

However, the Constitutional Court of the Russian Federation took a different position on this issue. The panel of judges noted that the ban on the reversal of the execution of a judicial act in the field of labor relations protects, first of all, the employee, who, as a rule, has no other income except his salary. At the same time, the absence of rules that would limit the application of this rule in a situation where a judicial act is canceled due to newly discovered circumstances indicates a gap in the law, which, in the opinion of the Constitutional Court of the Russian Federation, must be eliminated. As regards the present case, the panel made a decision to reconsider it.