THE APPEAL REDUCED THE RETURN OF SUBSIDIES IN THE BANKRUPTCY CASE OF AN AGRICULTURAL ENTERPRISE

THE APPEAL REDUCED THE RETURN OF SUBSIDIES IN THE BANKRUPTCY CASE OF AN AGRICULTURAL ENTERPRISE

THE APPEAL REDUCED THE RETURN OF SUBSIDIES IN THE BANKRUPTCY CASE OF AN AGRICULTURAL ENTERPRISE
The Volgograd agricultural producer– JV "Irrigated", is undergoing a bankruptcy procedure. Now he has become a participant in a high-profile trial with the regional committee on agriculture. The agency demanded that almost 327 million rubles of budget funds issued as state support be included in the register of creditors. However, the appeal (12th AAC) issued a verdict that significantly reduced this amount. Liabilities were recognized for only 64.3 million.

The background of the dispute goes back to two agreements signed in 2023 and 2024. The purpose of the grants was to develop the land reclamation complex. The funding was used to cover the costs of modernizing and constructing irrigation systems. Under the first agreement (signed in May 2023), the farm received approximately 72.7 million rubles, and under the second agreement (signed in December 2024), it received 254 million rubles. In response, the company made a commitment to achieve specific agricultural production volumes over a three-year period, with annual confirmation of progress.  

The logic of the officials was based on the fact that the launch of the insolvency procedure makes all long-term obligations of the enterprise immediately overdue. Since there is no objective reporting for future periods (2026-2027), the committee considered this as non-compliance with the conditions and insisted on the full return of the allocated aid.

The judges, however, did not agree with this approach. In their decisions, they emphasized that reporting documentation is merely a control tool, not an end in itself. Submitting zero reports without actual production results does not change the essence of the violation. The actual state of affairs is much more important. It is unclear whether the company will be able to achieve the stated targets in the context of bankruptcy proceedings.

The court found that partial recovery was justified. Since the debtor's further economic activities are impossible, the planned yields for 2026-2027 are objectively unattainable. As a result, the register of claims included 7.3 million rubles under the first agreement, 25.4 million for each of the last two years of the second contract's validity period, as well as an undisputed debt for 2024 amounting to 6.2 million, which the defendant did not dispute.

The arbitration's position regarding the conditions for repayment deserves special attention. The agreements did not include a clause on the automatic withdrawal of the entire subsidy amount upon the initiation of the recipient's bankruptcy. Moreover, the government agency was unable to prove that the company's actions were unethical, which would have been the basis for imposing such drastic sanctions. However, the court granted the agency the right to initiate a review of the case in the future if any evidence of misappropriation of budget funds was discovered.

 It should be noted that the joint venture "Oroshayemoye" was declared bankrupt in the fall of 2024. The company's debt to 14 contractors is estimated at 1.75 billion. In addition to the legal challenges with the committee, the manager is actively challenging the debtor's transactions worth more than 203 million rubles. Several of these challenges have already been successful.

At the same time, criminal proceedings are ongoing. Evgeny Akutnev, the founder of the company, and Viktor Cheryachukin, the owner of Finagrotech, are accused of fraud in obtaining government subsidies. The investigation believes that the businessmen's misconduct with credit and government funds led to the financial collapse of the agricultural company.

09.07.2026