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.
Even among the imaginary deals, there may be one real one.
The manager appealed to the court with a demand to recognize the delivery contract and the facts of the delivery of the goods as invalid transactions (case no. A40-257925/20).
The courts of two instances satisfied the application, having established the presence of signs of imaginary product supply transactions due to the lack of documents confirming the delivery of goods to the debtor through an automated information system for electronic certification and cargo traceability. In addition, it was taken into account that the turnover of meat and meat products was regulated by the legislation on the quality and safety of food products and the procedure for registration of veterinary accompanying documents. As a result of the analysis of the provided veterinary certificates, it was established that only a part of the supplies recorded on the debtor's balance sheet was confirmed, and on the basis of which the defendant's claims were included in the register of creditors' claims.
It is established from the reconciliation report between the debtor and the defendant that the total amount of goods was delivered for one amount, and another was paid for. The payment was made without specifying the transfer documents. The courts considered that the veterinary certificates proved the fact of the supply of products only for a smaller amount. There is no evidence to confirm the reality of a large-scale delivery.
The cassation annulled the judicial acts in part and refused to satisfy the application, recognizing the conclusions of the courts of first and appellate instances as justified, with the exception of conclusions concerning a single delivery transaction carried out on the basis of a contract and confirmed by a universal transfer document, as well as a veterinary accompanying document for the delivered goods, which was confirmed by the persons involved in the case at the court session.
Photo: Freepik
The courts of two instances satisfied the application, having established the presence of signs of imaginary product supply transactions due to the lack of documents confirming the delivery of goods to the debtor through an automated information system for electronic certification and cargo traceability. In addition, it was taken into account that the turnover of meat and meat products was regulated by the legislation on the quality and safety of food products and the procedure for registration of veterinary accompanying documents. As a result of the analysis of the provided veterinary certificates, it was established that only a part of the supplies recorded on the debtor's balance sheet was confirmed, and on the basis of which the defendant's claims were included in the register of creditors' claims.
It is established from the reconciliation report between the debtor and the defendant that the total amount of goods was delivered for one amount, and another was paid for. The payment was made without specifying the transfer documents. The courts considered that the veterinary certificates proved the fact of the supply of products only for a smaller amount. There is no evidence to confirm the reality of a large-scale delivery.
The cassation annulled the judicial acts in part and refused to satisfy the application, recognizing the conclusions of the courts of first and appellate instances as justified, with the exception of conclusions concerning a single delivery transaction carried out on the basis of a contract and confirmed by a universal transfer document, as well as a veterinary accompanying document for the delivered goods, which was confirmed by the persons involved in the case at the court session.
Photo: Freepik
06.06.2025
