RusBankrot
We know everything about bankruptcy
20/12/2025
Saturday
THIS DAY IN HISTORY:
20 December 
1970 The UK approved cloning for medical purposes.
1970 Employment record books were introduced in the USSR.
1970 employment record books were introduced in the USSR.
1970 Peter I ordered to postpone the celebration of the New Year from September 1 to January 1.
1970 Peter I directed to postpone the celebration of the New Year from September 1 to January 1.
20 December
1970 The UK approved cloning for medical purposes.
1970 Employment record books were introduced in the USSR.
1970 employment record books were introduced in the USSR.
1970 Peter I ordered to postpone the celebration of the New Year from September 1 to January 1.
1970 Peter I directed to postpone the celebration of the New Year from September 1 to January 1.
THE CONSTITUTIONAL COURT ORDERED TO TAKE BANKRUPTCY INTO ACCOUNT WHEN ARRESTS IN CRIMINAL CASES
Конституционный суд России установил необходимость согласовывать меры уголовно-процессуального характера с законодательством о несостоятельности. Решение было принято в ответ на запрос Верховного суда (ВС) РФ, выявившего противоречивую практику.
In criminal cases, debtors' property is often seized, which further prevents its inclusion in the bankruptcy estate. As a result, there is uncertainty in the legal regulation and the balance of interests of the participants in the process suffers.
A striking example was the situation with one of the automobile holding companies, Gema–invest. The seizure of real estate related to the beneficiary's criminal case blocked the sale of collateral, although the claims of the pledgee bank had already been recorded in the register.
A similar conflict arose when the credit institution refused to withdraw the seizure from the accounts of the Mir Dorog company in order to transfer funds to a special account of the bankruptcy procedure. A separate issue was the execution of a criminal fine imposed on a citizen declared bankrupt.
The Constitutional Court of Russia pointed out that in cases where the arrest imposed in the framework of a criminal case persists after the bankruptcy procedure has been introduced, individual creditors gain an advantage illegally. This violates the principle of equality of participants in litigation. At the same time, the automatic lifting of all restrictions is also unacceptable, as it ignores decisions taken in the framework of criminal proceedings.
In order to resolve the conflict before changing the legislation, the court proposed a temporary mechanism. The claims of the person in whose interests the arrest was imposed are included in the register. Then, the court that issued the arrest decision, at the request of the manager, considers whether to maintain or cancel it. It is possible to leave an arrest only in an amount comparable to the size of the creditor's claims, and only if it is critical for their satisfaction, given its low queue.
The Constitutional Court explained that the criminal fine against a bankrupt citizen is subject to repayment within the framework of the creditors' claims of the third stage, and not outside the bankruptcy estate. This approach, according to the court, ensures a fair balance between the public interests of the State and the protection of the rights of all creditors, preventing the arbitrary application of rules in insolvency cases.
Photo: Freepik
In criminal cases, debtors' property is often seized, which further prevents its inclusion in the bankruptcy estate. As a result, there is uncertainty in the legal regulation and the balance of interests of the participants in the process suffers.
A striking example was the situation with one of the automobile holding companies, Gema–invest. The seizure of real estate related to the beneficiary's criminal case blocked the sale of collateral, although the claims of the pledgee bank had already been recorded in the register.
A similar conflict arose when the credit institution refused to withdraw the seizure from the accounts of the Mir Dorog company in order to transfer funds to a special account of the bankruptcy procedure. A separate issue was the execution of a criminal fine imposed on a citizen declared bankrupt.
The Constitutional Court of Russia pointed out that in cases where the arrest imposed in the framework of a criminal case persists after the bankruptcy procedure has been introduced, individual creditors gain an advantage illegally. This violates the principle of equality of participants in litigation. At the same time, the automatic lifting of all restrictions is also unacceptable, as it ignores decisions taken in the framework of criminal proceedings.
In order to resolve the conflict before changing the legislation, the court proposed a temporary mechanism. The claims of the person in whose interests the arrest was imposed are included in the register. Then, the court that issued the arrest decision, at the request of the manager, considers whether to maintain or cancel it. It is possible to leave an arrest only in an amount comparable to the size of the creditor's claims, and only if it is critical for their satisfaction, given its low queue.
The Constitutional Court explained that the criminal fine against a bankrupt citizen is subject to repayment within the framework of the creditors' claims of the third stage, and not outside the bankruptcy estate. This approach, according to the court, ensures a fair balance between the public interests of the State and the protection of the rights of all creditors, preventing the arbitrary application of rules in insolvency cases.
Photo: Freepik
19.12.2025
