THE CONSTITUTIONAL COURT ALLOWED INSURERS TO PARTICIPATE IN BANKRUPTCY DISPUTES

The Constitutional Court of the Russian Federation considered the complaint of the insurance company on the recognition of unconstitutional certain provisions of the Bankruptcy Law and the Agro-Industrial Complex of the Russian Federation (Resolution No. 30-P of June 05, 2023).

In support of his arguments, the applicant pointed out that the courts unreasonably refuse to involve insurers as third parties who do not make independent claims regarding the subject of the dispute to consider complaints about the actions (inaction) of arbitration managers.

According to the applicant, this approach takes place due to the lack of a certain procedural status for insurance companies in the framework of a bankruptcy case, as follows from the provisions of the Bankruptcy Law and the Agro-Industrial Complex of the Russian Federation, which allows the courts to refuse to involve them in the case.

The Constitutional Court of the Russian Federation noted that the Bankruptcy Law obliges insurers to make an insurance payment in the presence of a court decision that has entered into force on the occurrence of the manager's liability. This makes it necessary to provide the insurer with the opportunity to participate in the process of these complaints, including when the claim for damages has not been presented (but it can be declared later).

Photo by Freepik