THE SUBSIDIARY DEFENDANT HAS NO RIGHT TO DEMAND THE EXCLUSION OF THE CREDITOR FROM THE REGISTER

In the framework of the bankruptcy case (case no. A40-151442/20), the debtor's beneficiary filed a request to exclude the creditor's claim from the register. The court of first instance left the application without consideration due to the lack of the subsidiary defendant's right to file a claim to exclude the creditor from the register.

The appeal overturned the ruling and granted the application, referring to the fact that the Decision of the Constitutional Court of the Russian Federation No. 49-P of 16.11.2021 granted the beneficiaries the right to appeal the rulings on the inclusion of creditors' claims in the register.

Leaving in force the ruling of the first instance, the cassation noted the following:

"Firstly, the claim, the exclusion of which the applicant requested, belonged to an affiliated creditor and was subordinated in the register, therefore its size was not included in subsidiary liability.

Secondly, the decision of the Constitutional Court of the Russian Federation indicated by the appeal, the beneficiaries were indeed granted the right to appeal against the rulings on inclusion in the register of creditors' claims. However, it is precisely this method of protecting the right that is appropriate, while the beneficiary does not have the right to exclude the claim from the register."

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