RusBankrot
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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.
LEGAL GROUNDS FOR CALCULATING COMPENSATION FOR FORMER COLLATERAL CREDITORS
The Company applied to the court to determine the compensation due to it as a person who had previously been the debtor's collateral creditor (case no. A76-21322/21).
In satisfying the stated claims and determining the amount of the initial compensation due to the company in accordance with the calculations of the administrator, the courts of the two instances proceeded from the fact that such a calculation corresponds to the temporary procedure established by the Constitutional Court.
The cassation sent the dispute for reconsideration, noting that the company had applied to the court to determine compensation due to it as a person who had previously been a secured creditor of the debtor, to whom the fund had no obligations to provide premises, prior to the entry into force of Law No. 282-FZ, but as of the date of entry into force of this law By virtue of (09/08/2024), the dispute was not considered on its merits, by virtue of part 13 of Article 5 of this law, the provisions of Article 5 of Law No. 282-FZ were subject to application when determining compensation.
Article 5 of Law No. 282-FZ stipulates that if, before the date of entry into force of this law, the developer's rights to a land plot with unfinished construction facilities located on it were transferred to the fund without complying with the terms of the legislation in force at that time, then persons who were previously collateral creditors have the right to demand payment by the fund of a sum of money in the amount, order and under the conditions set forth in this article. Thus, the courts of first instance and the courts of appeal applied a temporary procedure for calculating compensation according to the decision of the Constitutional Court of the Russian Federation, while the Court of Cassation pointed out the need to apply Law No. 282-FZ.
Photo: Freepik
In satisfying the stated claims and determining the amount of the initial compensation due to the company in accordance with the calculations of the administrator, the courts of the two instances proceeded from the fact that such a calculation corresponds to the temporary procedure established by the Constitutional Court.
The cassation sent the dispute for reconsideration, noting that the company had applied to the court to determine compensation due to it as a person who had previously been a secured creditor of the debtor, to whom the fund had no obligations to provide premises, prior to the entry into force of Law No. 282-FZ, but as of the date of entry into force of this law By virtue of (09/08/2024), the dispute was not considered on its merits, by virtue of part 13 of Article 5 of this law, the provisions of Article 5 of Law No. 282-FZ were subject to application when determining compensation.
Article 5 of Law No. 282-FZ stipulates that if, before the date of entry into force of this law, the developer's rights to a land plot with unfinished construction facilities located on it were transferred to the fund without complying with the terms of the legislation in force at that time, then persons who were previously collateral creditors have the right to demand payment by the fund of a sum of money in the amount, order and under the conditions set forth in this article. Thus, the courts of first instance and the courts of appeal applied a temporary procedure for calculating compensation according to the decision of the Constitutional Court of the Russian Federation, while the Court of Cassation pointed out the need to apply Law No. 282-FZ.
Photo: Freepik
20.10.2025
