Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

The Supreme Court of Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee.  The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative responsibility.  However, the courts of three instances rejected the claim, after which the Russian State Register applied to the Supreme Court of Russia.

Giving reasons for challenging the judicial acts, the applicant pointed out that it was necessary to exclude the indications that the department had no grounds for considering the complaint of an individual from the reasoning part of the decisions.

At the same time, in the framework of the arbitration case, the courts considered the issue of the commission of an offense by the trustee, recognized the fact of its existence, but considered it insignificant, and therefore rejected the Russian State Register’s demands.

At the same time, they noted that the state body should not have considered the complaint of an individual in connection with the death of the latter, and also relying on the fact that no evidence was presented of the interest of the deceased in the outcome of the bankruptcy case.

As for the indication of this circumstance in the decisions of courts, the Supreme Court of the Russian Federation did not consider this a violation of any public interests, and therefore refused to transfer the complaint to the presidium (decision № 310-ES22-5156 of April 15, 2022).