RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE CONSTITUTIONAL COURT WILL CLARIFY THE FATE OF THE SEIZED PROPERTY IN BANKRUPTCY
The property of debtors under criminal prosecution is often under arrest. At the same time, it is not easy to release assets from the arrest established in the framework of the criminal case, despite the launch of the insolvency procedure.
In this case, the provisions of the relevant bankruptcy law are in conflict with law enforcement practice. It was this problem that the Supreme Court of Russia took care of, sending a request to the Constitutional Court (CC RF) demanding to verify the compliance of the Federal Law "On Bankruptcy" with the norms of state law. The reason for this step on the part of the Supreme Court of the Russian Federation was several bankruptcy proceedings in which the arbitration courts refused to satisfy the petitions of bankruptcy administrators (CC), who asked to remove the arrests from the assets of debtors.
According to Vedomosti, in one of the cases, the seized property belonged to Gema-invest and its founder. He was charged with grand theft (over 850 million). Trust Bank, whose obligations were included in the register (7.9 billion), acted as the mortgagee. KU's attempts to lift the arrest and use the assets to settle accounts with creditors proved unsuccessful.
In another case, it was about the accounts of the Mir Dorog company. The bank refused to transfer more than 550 thousand to the organization's account due to the arrest imposed as part of the criminal proceedings in the case of the MKK Tender League. A year later, the company went bankrupt, but the arrest was never lifted. The arbitration court supported the bank's position, and the case was suspended at the stage of cassation with a request to the Constitutional Court of the Russian Federation.
The third situation concerned businesswoman Alla Churilova. Despite her conviction and the imposition of a fine, the assets of the sole proprietor remained under arrest until the execution of the sentence. The creditor in the case, Orbis, claimed a violation of equality between the bankruptcy participants, since the state gets priority in meeting the claims, bypassing the established procedure.
According to the RF Supreme Court, current practice creates a legal conflict. Arrests made in criminal cases may not be lifted in arbitration proceedings. As a result, the balance of interests suffers. Some people gain advantages by filing civil lawsuits in a criminal case, while others do not gain access to assets.
The Constitutional Court of the Russian Federation has previously recognized such practices as violating the principle of equality. However, the problem persists, and its solution requires a change in legislation, primarily the Criminal Procedure Code of the Russian Federation. Experts emphasize that the Criminal Code of the Russian Federation does not contain grounds for lifting arrest in case of bankruptcy, whereas the bankruptcy law provides for such grounds. In addition, arrests are indefinite in time, which directly affects the effectiveness of the procedure. The Russian Armed Forces, experts say, has already given private explanations on such issues. However, the lack of a systematic approach makes a full-fledged regulatory regulation at the level of the law necessary.
Photo: Freepik
In this case, the provisions of the relevant bankruptcy law are in conflict with law enforcement practice. It was this problem that the Supreme Court of Russia took care of, sending a request to the Constitutional Court (CC RF) demanding to verify the compliance of the Federal Law "On Bankruptcy" with the norms of state law. The reason for this step on the part of the Supreme Court of the Russian Federation was several bankruptcy proceedings in which the arbitration courts refused to satisfy the petitions of bankruptcy administrators (CC), who asked to remove the arrests from the assets of debtors.
According to Vedomosti, in one of the cases, the seized property belonged to Gema-invest and its founder. He was charged with grand theft (over 850 million). Trust Bank, whose obligations were included in the register (7.9 billion), acted as the mortgagee. KU's attempts to lift the arrest and use the assets to settle accounts with creditors proved unsuccessful.
In another case, it was about the accounts of the Mir Dorog company. The bank refused to transfer more than 550 thousand to the organization's account due to the arrest imposed as part of the criminal proceedings in the case of the MKK Tender League. A year later, the company went bankrupt, but the arrest was never lifted. The arbitration court supported the bank's position, and the case was suspended at the stage of cassation with a request to the Constitutional Court of the Russian Federation.
The third situation concerned businesswoman Alla Churilova. Despite her conviction and the imposition of a fine, the assets of the sole proprietor remained under arrest until the execution of the sentence. The creditor in the case, Orbis, claimed a violation of equality between the bankruptcy participants, since the state gets priority in meeting the claims, bypassing the established procedure.
According to the RF Supreme Court, current practice creates a legal conflict. Arrests made in criminal cases may not be lifted in arbitration proceedings. As a result, the balance of interests suffers. Some people gain advantages by filing civil lawsuits in a criminal case, while others do not gain access to assets.
The Constitutional Court of the Russian Federation has previously recognized such practices as violating the principle of equality. However, the problem persists, and its solution requires a change in legislation, primarily the Criminal Procedure Code of the Russian Federation. Experts emphasize that the Criminal Code of the Russian Federation does not contain grounds for lifting arrest in case of bankruptcy, whereas the bankruptcy law provides for such grounds. In addition, arrests are indefinite in time, which directly affects the effectiveness of the procedure. The Russian Armed Forces, experts say, has already given private explanations on such issues. However, the lack of a systematic approach makes a full-fledged regulatory regulation at the level of the law necessary.
Photo: Freepik
08.07.2025
