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Constitutional Court of the Russian Federation indicated when it is impossible to recover wages in bankruptcy

The complaint of a citizen who expressed disagreement with the norm of the Civil Procedure Code on reversing the execution of a court decision was submitted to the Constitutional Court for consideration. The man collected wages from the employer company, but after that the amount was reduced by the courts due to the bankruptcy of the organization. The applicant worked in the company for more than a year. By the ...

THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ADMITTED THE INDEXATION OF AMOUNTS TO BE COLLECTED

On July 22, the Constitutional Court of Russia ruled that Article 183 of the Arbitration Procedure Code of the Russian Federation was unconstitutional. The norm contains provisions on the indexation of previously collected amounts. According to the Constitutional Court ...

CONSTITUTIONAL COURT OF RUSSIA WILL CONSIDER A CASE ON ‘SLAVORY’ OF THE DEBTOR IN BANKRUPTCY

The Constitutional Court of the Russian Federation is to consider the complaint of Pavel Chepkasov, who requires an examination of the constitutionality of part 6 of Art. 213.25 of the Law on Insolvency. The rule of law provides for the right of a bankruptcy ...

THE MINISTRY OF JUSTICE EXPANDS THE PREFERENTIAL PROCEDURE FOR PAYING FINES BY BUSINESSES

... the Ministry of Justice proposed to determine that a 50% discount is applied upon the commission of a violation, and not its detection during control (supervisory) activities, as is currently the case. The amendments were developed in pursuance of the Constitutional Court's Decision No. 39-P. In July, the Constitutional Court drew attention to the fact that a business cannot be deprived of the right to preferential payment of fines only on the basis that the violation was discovered by the prosecutor,...

THE COP HAS PUBLISHED A REVIEW OF THE PRACTICE FOR 2023

The Constitutional Court of the Russian Federation summed up the results of its practice for 2023. The review includes positions from the decisions of the Constitutional Court adopted last year, some of which relate to bankruptcy. For example, in paragraph ...

THE COP WILL CONSIDER THE ISSUE OF THE ORDER OF REPAYMENT OF TAX PENALTIES IN THE IMPLEMENTATION OF THE PLEDGE

The Constitutional Court of the Russian Federation has accepted for consideration the complaint of LLC TD Agrotorg on the recognition of clause 6 of Article 138 of the Bankruptcy Law as inconsistent with the Constitution of the Russian Federation. In 2021,...

SUBSIDIARY AFTER EXCLUSION FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES: THE DEFENDANT NEEDS TO JUSTIFY HIMSELF

On February 7, 2023, the Constitutional Court (CC) issued a Resolution (No. 6-P) on the complaint of an individual. It was about checking compliance with the basic law of the country of several legislative norms (including paragraph 1, paragraph 12, Article 61.11 of the bankruptcy ...

HEIRS MAY OBTAIN THE RIGHT TO CHALLENGE PATERNITY

... parents. This list was done in order to protect the rights of minors and prevent arbitrary interference in family affairs. The lawmakers were prompted to change the norm by the legal situation with the inheritance of Olesya Shishkina, in whose case the Constitutional Court issued a ruling in March 2021. The woman tried to challenge the paternity record in respect of the girl, who, in the applicant's opinion, was not the daughter of the deceased. The court of first instance found that the record was ...

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