SUPREME COURT TO RULE ON CONSUMER PENALTY IN BANKRUPTCY

Case no. A40-39025/2021 has been transferred to the Judicial Board for Economic Disputes. As part of it, a citizen purchased a product from the debtor's online store, which subsequently did not suit him, which is why he returned the goods to the seller and demanded to return the funds.

Without waiting for a response to the claim, the citizen found that the debtor was declared bankrupt under the procedure of the liquidated debtor, and therefore filed a claim with the court to include the amount not returned by the seller, as well as penalties and compensation for moral damage.

The claim was satisfied by the court of first instance, however, the citizen appealed the ruling, referring to the fact that the first instance did not include in the register a demand for payment of a consumer fine.

The appeal and cassation left the definition unchanged, pointing out that initially the citizen did not claim the inclusion of a fine, and also mentioned that the bankrupt company does not have the right to voluntarily satisfy the requirements, which is why the inclusion of a fine in the register is impossible.

The citizen did not agree with this approach and filed a complaint with the Supreme Court, which drew attention to his arguments that the court in any case is obliged to consider the requirement to include a consumer fine in the register, regardless of whether it was declared.

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