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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 court order he collected a salary debt from the company, but after that the company went bankrupt. This was the reason for the recognition of the employment ...

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 trustee to conduct cases on property disputes on behalf of a citizen declared bankrupt. The applicant believes that such a formulation leads to financial slavery, since it does not give him the right to independently apply to the court to ...

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 42, the Constitutional Court recalled the decision on the issue of bringing persons controlling the company to subsidiary liability in court proceedings in case of exclusion of the company from the Unified State Register of Legal Entities, namely, a simplified ...

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, the Supreme Court based its position on this provision of the GOITRE, according to which taxes accrued on such property during production are primarily repaid at ...

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

... 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 Law). And although there were no contradictions with the Constitution of the Russian Federation in the norms themselves, the Constitutional Court explained to the judges exactly how they should be applied. The law deals with the possibility of collecting subsidiary liability from the debtor's CDL (persons controlling the debtor) in the event that the insolvency was the result ...

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