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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 SUPREME COURT CONSIDERED THE DISPUTE ABOUT THE "PERIOD OF SUSPICION" WHEN REJECTING THE MORATORIUM
The Economic Board (SCES of the RF Armed Forces) On September 2, 2025, she dealt with a lawsuit related to the calculation of the "period of suspicion." It was about cases when the debtor organization refuses the government moratorium on the initiation of bankruptcy cases. The main issue that became the subject of the dispute concerned the date from which such a period should begin (case no. A40-162814/2022).
In March-May 2022, the joint venture "Rise" paid 4.6 million rubles to one of the founders. The moratorium was adopted by the authorities on March 28. On July 8, the company announced its cancellation. The controversial insolvency case was initiated on September 5.
The bankruptcy trustee (KU) of the "Rise" insisted that the "period of suspicion" should be counted from March 28 (the entry into force of the Government act). This position was supported by the first court in St. Petersburg, followed by the Court of Appeal (13th AAC). All payments made to the ex-founder of the organization in the spring of 2022 turned out to be "suspicious".
Lawyers representing the ex-founder, whose views were supported by the district court, pointed out that the date when the insolvency case was initiated, that is, after the organization abandoned the moratorium, should be considered the beginning of the period of suspicion. In this case, previously made payments do not fall within this period.
Representatives of the Federal Tax Service and creditors emphasized that the government moratorium was introduced not to protect transactions, but to give the company time to recover. As a result, the Supreme Court of the Russian Federation supported the decision of the first and appellate instances, leaving their acts in force. According to them, the period of suspicion is considered from the beginning of the moratorium. That is, payments of 4.6 million rubles should be declared invalid according to the rules of bankruptcy law.
The SCEC overturned the cassation decision. After all, if the period of suspicion is calculated from the moment the bankruptcy case is initiated, this will significantly reduce the period of suspicion, which will be beneficial to the debtor, but will harm the interests of creditors. The SCES of the Supreme Court of the Russian Federation concluded that changes in the period of suspicion cannot depend on the will of the debtor.
Photo: Freepik
In March-May 2022, the joint venture "Rise" paid 4.6 million rubles to one of the founders. The moratorium was adopted by the authorities on March 28. On July 8, the company announced its cancellation. The controversial insolvency case was initiated on September 5.
The bankruptcy trustee (KU) of the "Rise" insisted that the "period of suspicion" should be counted from March 28 (the entry into force of the Government act). This position was supported by the first court in St. Petersburg, followed by the Court of Appeal (13th AAC). All payments made to the ex-founder of the organization in the spring of 2022 turned out to be "suspicious".
Lawyers representing the ex-founder, whose views were supported by the district court, pointed out that the date when the insolvency case was initiated, that is, after the organization abandoned the moratorium, should be considered the beginning of the period of suspicion. In this case, previously made payments do not fall within this period.
Representatives of the Federal Tax Service and creditors emphasized that the government moratorium was introduced not to protect transactions, but to give the company time to recover. As a result, the Supreme Court of the Russian Federation supported the decision of the first and appellate instances, leaving their acts in force. According to them, the period of suspicion is considered from the beginning of the moratorium. That is, payments of 4.6 million rubles should be declared invalid according to the rules of bankruptcy law.
The SCEC overturned the cassation decision. After all, if the period of suspicion is calculated from the moment the bankruptcy case is initiated, this will significantly reduce the period of suspicion, which will be beneficial to the debtor, but will harm the interests of creditors. The SCES of the Supreme Court of the Russian Federation concluded that changes in the period of suspicion cannot depend on the will of the debtor.
Photo: Freepik
04.09.2025
