The Supreme Court has issued the first Review of Practice for 2022

01.06.2022 The Presidium of the Supreme Court of the Russian Federation approved the "Review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2022)".

Stanislav Gavrichkov, Senior Partner of the Law Office of St. Petersburg "Main Letter", draws attention to paragraph 11 of this Review, in which the Supreme Court of the Russian Federation reasonably consolidated the legal position that the liquidation of a creditor in a bankruptcy case is not a sufficient reason for excluding a claim previously owned by him from the register of claims of creditors of a bankrupt debtor.

At the same time, the Supreme Court legitimately pointed out that the termination of the activity of a legal entity by itself does not entail the disposal of objects of civil rights belonging to it (Article 128 of the Civil Code of the Russian Federation). In the absence of information about how the organization disposed of these objects before the termination of its activities, it should be guided by paragraph 8 of Article 63 of the Civil Code of the Russian Federation, according to which the property of a legal entity remaining after satisfying creditors' claims is transferred to its participants who have corporate rights in relation to the legal entity (liquidation quota).

In addition, the exclusion from the register of the creditor's claim, in respect of which an entry on termination of activity has been made in the Unified State Register of Legal Entities, creates obstacles to the realization by interested persons of their subjective rights, in particular the right to replace such a creditor with his legal successor (Article 48 of the APC of the Russian Federation).

To get acquainted with the Review of judicial practice of the Supreme Court of the Russian Federation, follow the link: https://www.vsrf.ru/documents/practice/31180/