SC: THE MUNICIPALITY IS RESPONSIBLE FOR THE DEBTS OF AUTONOMOUS INSTITUTIONS

The plaintiff appealed to the court with a demand to recover funds from the municipal administration (case no. A41-47568/22) in the order of subsidiary liability. By the court decision that entered into force, funds were recovered from the institution in favor of the plaintiff, the debtor's decision was not executed, which is why the plaintiff filed for bankruptcy with the court.

The court terminated the proceedings on the application, since the debtor could not be declared bankrupt by virtue of the law (an autonomous institution).

In this regard, the plaintiff filed a corresponding claim against the defendant, as the owner of the debtor's property.

The courts of three instances, refusing to satisfy the claim, pointed out that the owner of the property of an autonomous institution is not liable for the obligations of an autonomous institution (with the exception of obligations related to harm to citizens).

The Supreme Court of the Russian Federation referred the case on the plaintiff's complaint to the collegium and reflected in the definition the applicant's argument that the courts, by refusing to hold the administration vicariously liable for the obligations of the autonomous institution, committed significant violations that affected the outcome of this case and actually deprived the plaintiff, who by virtue of his status has no right to refuse to conclude a public contract, the opportunity to restore their rights in the field of entrepreneurial activity.

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