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THE SUPREME COURT OF RUSSIA: LEASE RIGHT CANNOT BE TRANSFERRED WITHIN THE FRAMEWORK OF BANKRUPTCY OF UNITARY ENTERPRISE

... laws, and in the case under consideration, there were some of them. State unitary enterprises are prohibited from transferring rights and obligations to lease land without the consent of the owner, if at the same time it is in public ownership. Thus, the Supreme Court of Russia concluded that the right to lease a land plot is not an asset of the debtor, which can be transferred for a fee ( clause 20 of the Review of Judicial Practice of the Supreme Court № 2 for 2021).

THE SUPREME COURT OF RUSSIA ALLOWED TERMINATION OF LEASE AGREEMENT OUT OF BANKRUPTCY CASE

... this right, the alienation of the debtor's property complex within the framework of the sale of his property will inevitably lead to a decrease in the bankruptcy estate and affect the interests of creditors. When considering the complaint, the board of the supreme court of Russia indicated that the lease right in this case could not be considered as an asset of the debtor, since its transfer to another person would require the consent of the lessor, and he, in turn, expressed his intention to terminate the concluded agreement. Consequently, the lenders had no expectation that the lessor would allow a land lease ...

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