THE COURT HAS EXPLAINED WHEN THE PERIOD OF LIMITATED SUFFRAGE SHOULD BE STARTED

THE COURT HAS EXPLAINED WHEN THE PERIOD OF LIMITATED SUFFRAGE SHOULD BE STARTED

THE COURT HAS EXPLAINED WHEN THE PERIOD OF LIMITATED SUFFRAGE SHOULD BE STARTED
The Supreme Court (SC) reminded that the period for bringing a person to subsidiary liability should be calculated not formally from the date of bankruptcy or the appearance of a debt, but from the moment when the creditor or the bankruptcy trustee learned about all the important circumstances of the violation.

The reason was a dispute in the bankruptcy case of the Service Terminal company. She worked as a customs broker for Gazprom Neft and received money that she had to transfer to the budget. In July 2015, the company sent payments through the bank for 7.88 billion rubles. for the payment of customs duties. The money was debited from the account, but it did not reach the budget and the company did not return. The very next day, the bank's license was revoked, and the bank was later declared bankrupt. Then Service-Terminal itself went bankrupt.

In December 2019, the bankruptcy trustee and Gazprom Neft demanded that the former head and beneficiary of the company, Valery Drelle, be held liable for subsidiary liability. In other words, the applicants wanted to recover the bankrupt's debts from the person who, in their opinion, controlled the company and could influence its actions.

The first instance and the appeal supported the applicants. However, the cassation court decided that the statute of limitations had already passed. According to the cassation, it should have been counted from October 18, 2018, when the bank's accounts receivable were put up for sale.

The Supreme Court did not agree with this approach. He pointed out that the statute of limitations begins when the applicant learned or should have learned not about one single fact, but about the totality of circumstances necessary to bring to justice.

One of the key circumstances in this case was Drelle's informal ties with banker Anatoly Motylev. The details of these connections became known only after the publication of the High Court of England and Wales' decision on March 9, 2023. In that process, Drelle himself revealed the details of his relationship with Motylev, which he had previously not disclosed in the Russian court. As a result, the Supreme Court concluded that the statute of limitations had not been exceeded, as the claim for subsidiary liability was filed before these circumstances became known.

13.07.2026