SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION
The plaintiff appealed to the court with a demand to recover funds from the municipality in the order of subsidiary liability for the obligations of an autonomous institution whose property is owned by the defendant (case no. A41-47568/22).


The plaintiff motivated his claim by the fact that the institution has unfulfilled obligations to him. However, the court refused to recognize the institution as bankrupt, since autonomous institutions cannot be recognized as insolvent by law.

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

The Supreme Court of the Russian Federation did not agree with this approach and noted that the long-term non-fulfillment by the institution of its obligations (more than eight years) to the plaintiff to pay for the supplied thermal energy, the inability to collect debts due to the lack of property that can be foreclosed on, lead to a violation of the rights of the person obliged to supply the resource.

As noted, the way to maintain a balance of the rights and legitimate interests of the parties to the energy supply contract is to impose subsidiary responsibility on the owner of the property for the obligations of the institution.



Photo: Freepik


16.08.2023