Bankruptcy of state unitary enterprises (state unitary enterprises). Bankruptcy of state unitary enterprises: technology, practice and recent trends Procedure for bankruptcy proceedings

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From the editorial board

On the pages of our magazine, we have repeatedly raised issues of imperfection of the legislative framework, the inconsistency of legal norms related to various branches of law (civil, land, privatization, bankruptcy legislation, etc.), problems of law enforcement and judicial practice.

One of the most difficult and painful problems is the legal status of unitary enterprises. Problems also lie in the field of management, the ability to control the activities of a unitary enterprise by the state, and in the field of determining the status of the property transferred to a unitary enterprise.

The draft law on unitary enterprises is "stuck" at the stage of approval in the departments, each of which is interested in observing, first of all, its own interests.

Many experts note the alien, rudimentary nature of the institution of economic management and operational management in the current civil legislation.

On the one hand, the state, having transferred the property into the economic jurisdiction of a unitary enterprise, can no longer return it back, except by liquidating the enterprise. On the other hand, if the bankruptcy procedure of a unitary enterprise begins, the state automatically loses the property transferred to the unitary enterprise on the basis of the right of economic management. In fact, a scheme of uncontrolled privatization of state property has developed, in which the state bears huge losses.

Leaving legal scholars with debatable questions about the priority of the norms of various laws, we will show the operation of such a "scheme" with a specific example, illustrating with excerpts from various legislative acts.

Excerpts from laws and regulations

Civil Code of the Russian Federation

Article 56

Liability of a legal entity

The founder (participant) of a legal entity or the owner of its property is not liable for the obligations of the legal entity, and the legal entity is not responsible for the obligations of the founder (participant) or owner, except for the cases provided for by this Code or the constituent documents of the legal entity.

If the insolvency (bankruptcy) of a legal entity is caused by the founders (participants), the owner of the property of the legal entity or other persons who have the right to give instructions binding on this legal entity or otherwise have the ability to determine its actions, in case of insufficient property of the legal entity, such persons may be assigned subsidiary liability for its obligations.

Article 113. Unitary enterprise

1. A unitary enterprise is a commercial organization that is not endowed with the ownership right to the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed by contributions (shares, shares), including among the employees of the enterprise.

Only state and municipal enterprises can be created in the form of unitary enterprises.

2. The property of a state or municipal unitary enterprise is, respectively, in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management.

5. A unitary enterprise shall be liable for its obligations with all property belonging to it.

A unitary enterprise is not responsible for the obligations of the owner of its property.

6. The legal status of state and municipal unitary enterprises is determined by this Code and the law on state and municipal unitary enterprises.

Article 114. Unitary enterprise based on the right of economic management

8. The owner of the property of an enterprise based on the right of economic management shall not be liable for the obligations of the enterprise, except for the cases provided for by paragraph 3 of Article 56 of this Code.

Article 294. Right of economic management

A state or municipal unitary enterprise to which property belongs on the basis of the right of economic management, owns, uses and disposes of this property within the limits determined in accordance with this Code.

Article 295. Rights of the owner in relation to property under economic jurisdiction

1. The owner of the property under economic jurisdiction, in accordance with the law, decides on the creation of an enterprise, determining the subject and purposes of its activities, its reorganization and liquidation, appoints a director (head) of the enterprise, exercises control over the use and safety of the property belonging to the enterprise.

The owner has the right to receive part of the profit from the use of the property that is in the economic jurisdiction of the enterprise.

2. An enterprise shall not have the right to sell real estate belonging to it on the basis of the right of economic management, lease it, pledge it, make a contribution to the authorized (pooled) capital of economic societies and partnerships, or otherwise dispose of this property without the consent of the owner.

The rest of the property belonging to the enterprise, it disposes of independently, except for cases established by law or other legal acts.

Federal Law of January 8, 1998 No. 6-FZ
"On insolvency (bankruptcy)"
(as amended on March 21, April 25, 2002)

Article 98. Consequences of opening bankruptcy proceedings

2.From the moment the arbitration court makes a decision to declare the debtor bankrupt and to open bankruptcy proceedings, the debtor's management bodies are suspended from performing the functions of managing and disposing of the debtor's property in the event that such a suspension was not made earlier, and the powers of the unitary owner of the debtor's property are terminated. enterprises. (...)

Article 103. Bankruptcy estate

1. All property of the debtor, available at the time of the opening of bankruptcy proceedings and revealed in the course of bankruptcy proceedings, constitutes the bankruptcy estate.

2. Property withdrawn from circulation, property rights related to the personality of the debtor, including rights based on a permit (license) to carry out certain types of activities, as well as other property provided for by this Federal law.

Decree of the President of the Russian Federation of August 7, 2000 No. 1444
"Questions of the Administration of the President of the Russian Federation"
(as amended on January 12, 2001)

In order to improve the legal framework for the activities of the Administrative Department of the President of the Russian Federation, I decide:

4. Establish that:

The Administrative Department of the President of the Russian Federation manages the organizations subordinate to him (federal state unitary enterprises and federal state institutions), as well as the management and disposal of objects of federal property, including property assigned to the organizations subordinate to him (hereinafter referred to as federal property, the management and disposal of which is entrusted to to the Administrative Department of the President of the Russian Federation), in accordance with the legislation of the Russian Federation;
federal property, the management and disposal of which is entrusted to the Administrative Department of the President of the Russian Federation, shall not be subject to alienation, except as otherwise provided for by the legislation of the Russian Federation;
Incomes of organizations subordinate to the Administrative Department of the President of the Russian Federation are directed directly to solving the tasks assigned to the Directorate.

10. The management of affairs has the right:

l) make decisions on the reorganization or liquidation of organizations subordinate to him in accordance with the legislation of the Russian Federation;

n) dispose of federal property assigned to federal state unitary enterprises subordinate to it in accordance with the legislation of the Russian Federation;

o) make, in accordance with the legislation of the Russian Federation, decisions on the seizure and redistribution of federal property assigned to the organizations subordinate to it; (...)

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation
February 25, 1998 No. 8
"On some issues of the practice of resolving disputes related to the protection of property rights and other property rights"

7. When resolving disputes related to the exercise by state and municipal enterprises of the right of economic management or operational management, one should take into account the restrictions established by Articles 295 and 296 of the Civil Code of the Russian Federation on the rights of enterprises to dispose of the property assigned to them. Transactions made by enterprises for the alienation of property contrary to the above restrictions are invalid as null and void.

The history of the bankruptcy of the State Unitary Enterprise "GOSIMPEX"

By Order No. 398-r of 19.03.1999, the Ministry of State Property of the Russian Federation transferred, on the basis of operational management, to the Administrative Department of the President of the Russian Federation the property complex (territory of 16.5 hectares, warehouse premises 26,000 sq. M.) 766 UPTK of the Ministry of Defense of the Russian Federation at the address : Moscow, pos. Vnukovo st. Central ownership 10. By Order No. 102 of March 30, 1999, the Administrative Department of the President of the Russian Federation, on the basis of the right of economic management, assigned the above property to the State Unitary Enterprise "GOSIMPEX" subordinate to it.

On May 17, 2001, at the initiative of the Administrative Department of the President of the Russian Federation, GUP "GOSIMPEX" was declared bankrupt.

Upon the emergence of the most voluminous creditor claim, the Prosecutor's Office of the Western Administrative District of Moscow opened a criminal case No. 220518 on the grounds of crimes under Art. Art. 303 h. 1, 159 h. 2 "a" of the Criminal Code of the Russian Federation.

Bankruptcy commissioner Pristup V.AND. made a decision to exclude from the assets of the debtor SUE "GOSIMPEX" property in the form of a property complex located at the address: Moscow, pos. Vnukovo, st. Tsentralnaya, possession of 10 and transferring it to the UD of the President of the Russian Federation, on the basis that the property cannot be sold within the framework of bankruptcy proceedings.

By the decision of the Arbitration Court dated 27.03.2002, the said decision of the liquidator was canceled, V.AND. Pristupa. dismissed from the duties of the bankruptcy commissioner of the State Unitary Enterprise "GOSIMPEX", V.Ya. Birman was appointed the new bankruptcy commissioner.

Bankruptcy commissioner Birman V.Ya. on behalf of the State Unitary Enterprise "GOSIMPEX" signed on 30.04.02 a contract for the sale and purchase of non-residential premises belonging to the seller on the basis of the right of economic management.

06/14/02 this agreement was registered by the Moscow Registration Committee.

On June 27, 2002, the Deputy Minister of Property Relations of the Russian Federation signed a letter stating that since the opening of bankruptcy proceedings against GOSIMPEX, federal property located at the address: Moscow, pos. Vnukovo, st. Centralnaya, ow. 10, was subject to transfer to the Administrative Department of the President of the Russian Federation.

On July 19, 2002, the Arbitration Court issued a ruling on the involvement of the Ministry of Property Relations of the Russian Federation as a participant in the arbitration process when considering the report of the bankruptcy commissioner SUE "GOSIMPEX".

In subsequent issues of the magazine, we will continue to acquaint readers with the development of the situation around this property complex.

Documentation
(partially printed)

APPLICATION for recognition as insolvent (bankrupt)

In accordance with the order of the Administrative Department of the President of the Russian Federation No. 210 dated June 6, 2000, the State Unitary Enterprise of Industrial Cooperation and Import-Export Programs of the Administrative Department of the President of the Russian Federation (State Unitary Enterprise "Gosimpex") is subject to liquidation. State Unitary Enterprise "Gosimpex" is registered at the address: 109443 , Moscow, Yunykh Lenintsev st., 62, office board (mailing address 121170, Moscow, Kulneva st., 4).

The liquidation commission carried out planned measures to liquidate the State Unitary Enterprise "Gosimpex", in accordance with the procedure established by the legislation of the Russian Federation.

The interim liquidation balance sheet of the State Unitary Enterprise "Gosimpex" was approved on October 25, 2000 by the founder and agreed on October 26, 2000 with the liquidation branch of the Moscow Registration Chamber.

During the liquidation procedure, various options and possibilities for preventing bankruptcy were considered.

The sources of financial coverage sufficient to repay monetary obligations and restore the solvency of Gosimpex have not been identified ...

Based on the results of the measures taken and given that the value of the property of Gosimpex State Unitary Enterprise is insufficient to satisfy the creditors' claims, the liquidation commission decided to appeal to the Arbitration Court with a statement declaring Gosimpex State Unitary Enterprise bankrupt, in accordance with cl. 1.2 tbsp. 174 of the Federal Law of the Russian Federation "On Insolvency (Bankruptcy)".

According to the results of financial and economic activities, the enterprise received a loss in the amount of 41,330 thousand rubles.

To pay off the total debt on the obligations of the State Unitary Enterprise "Gosimpex" 69894 thousand rubles are required. and $ 59,289. A list of creditors with a breakdown of the debt is attached (Appendix No. 1).

The amount of arrears in wages and severance payments is 32 thousand rubles. There is no indebtedness for compensation for harm caused to the life and health of employees, as well as for the amounts of remuneration due to payment under copyright agreements.

The amount of arrears in obligatory payments to the budget and extra-budgetary funds is 1,861 thousand rubles.

The amount of the declared claims of creditors for monetary obligations is 68,001 thousand rubles. and $ 59,289.

The assets of the State Unitary Enterprise "Gosimpex" amount to 14,751 thousand rubles, including the property complex, which is in federal ownership and belongs to the enterprise on the basis of the right of economic management, the residual book value of which is 10,129 thousand rubles. On the basis of the agreement dated September 24, 1999, No. 24-MI / 99, agreed with the Administrative Department of the President of the Russian Federation, the complex was leased for 49 years.

In connection with the above, it is currently not possible to fully satisfy the claims of creditors. (...)

Based on the foregoing and taking into account Art. 63 and Art. 65 of the Civil Code of the Russian Federation and Art. 29, art. 33, art. 34, art. 174 of the Federal Law of the Russian Federation "On Insolvency (Bankruptcy)",

Declare the State Unitary Enterprise of Industrial Cooperation and Import-Export Programs of the Administrative Department of the President of the Russian Federation (GUP "Gosimpex") bankrupt and open bankruptcy proceedings. (...)

Chairman of the liquidation commission S.V. Sysolyatin

THE ARBITRATION COURT OF MOSCOW in the name of the Russian Federation
SOLUTION
Moscow city
May 17, 2001

Case No. A-40-6435 / 01-44-17B

Arbitration court composed of:
Chairperson: Z.A. Gavrilova,
members of the court: Azizova L.S., Vasilyeva A.G.
with participation: according to the minutes of the court session
considered in the court session the case on the application of the State Unitary Enterprise of Industrial Cooperation and Import-Export Programs of the Administrative Department of the President of the Russian Federation (GUP "Gosimpex")

INSTALLED:

By a decision of 28.02.01, at the request of the debtor in liquidation of the State Unitary Enterprise of Industrial Cooperation and Import-Export Programs of the Administrative Department of the President of the Russian Federation (GUP "Gosimpex"), a case was initiated to declare him insolvent (bankrupt).

The basis for filing the application was that in the course of the debtor's liquidation measures, it was established that the value of his property was insufficient to fully satisfy the creditors' claims. An application to the court was submitted by the chairman of the liquidation commission on the basis of the decision of the liquidation commission dated 14.12.

The debtor's representative at the hearing presented authentic evidence in support of the submitted application and explained the following. The liquidation commission carried out planned measures to liquidate the debtor. The publication of the liquidation of the debtor was carried out, the Moscow Registration Chamber was notified of the liquidation, an interim liquidation balance sheet was agreed. Revealed accounts payable in the amount of 69,894,000 rubles. and 59.289 US dollars, the amount of wage arrears is 32,000 rubles, arrears of obligatory payments to the budget and extra-budgetary funds - 1,861,000 rubles. According to the results of financial and economic activities, the enterprise received a loss in the amount of 4.133.000 rubles, there are no funds on the debtor's accounts. In addition, the Basmanny intermunicipal court is currently considering claims of former employees of the debtor for the collection of wages in the total amount of 507,000 rubles. funds. There are no funds in the debtor's accounts. Accounts receivable amount to 1,412,000 rubles. The property is assigned to the State Unitary Enterprise "Gosimpex" on the right of full economic management; buildings, structures, objects of construction in progress, movable property, as well as barracks and housing stock, located at the address: Moscow, pos. Vnukovo, ow. 10. The debtor's assets amount to 14,751,000 rubles, including the property complex, the residual value of which is 10,129,000 rubles. leased for 49 years.

The court, having listened to the opinions of the persons participating in the case, having studied the submitted documents and case materials, came to the conclusion that the value of the property of the liquidated debtor Gosimpex is insufficient to satisfy the creditors' claims, and therefore Gosimpex is subject to recognition as insolvent (bankrupt) in accordance with the procedure established by § 1 Ch. X F3 "On insolvency (bankruptcy)".

The debtor carried out all the measures provided for in Art. 63 of the Civil Code of the Russian Federation on the liquidation of an enterprise, at the end of the period for filing claims, an interim liquidation balance sheet was drawn up and agreed upon. According to the interim liquidation balance sheet, the debtor's obligations (46.031.000 rubles) exceeded the value of the property belonging to him (13339.000), and therefore the structure of his balance sheet is unsatisfactory. The court, when deciding to declare the debtor bankrupt, also takes into account the fact that part of the debtor's property is property that is not included in the bankruptcy estate in accordance with paragraph 4 of Art. 104 F3 "On insolvency (bankruptcy)".

For appointment of the bankruptcy manager of the State Unitary Enterprise "Gosimpex" as the creditor of CJSC "TSK" Saturn-Impex ", the candidacy of the bankruptcy manager VL Pristupa was proposed, the creditor of" Obneftegazgeologia "was nominated for the position of the bankruptcy manager AG Shmulevich.

The court, having heard the candidates for bankruptcy commissioners, considers that both candidates meet the requirements established by paragraphs. 1.2 tbsp. 19 F3 "On insolvency (bankruptcy)".

However, the court appoints V.I. Pristupu as the bankruptcy administrator of Gosimpeks. due to the fact that V.I. has more experience as a bankruptcy commissioner. In addition, the court is unable to conclude that A.G. Shmulevich has no criminal record, since the certificate submitted by the candidate does not contain information about what information the organization that issued the certificate does not have.

Guided by Art. Art. 2, 19, 22, 48-50, 97, 100, 174, 175 F3 "On insolvency (bankruptcy)", Art. Art. 95, 124-127, 143 APC RF, court

To declare the State Unitary Enterprise "Gosimpex" insolvent (bankrupt).

Open bankruptcy proceedings against Gosimpex under the simplified procedure as a debtor to be liquidated.

Appoint Vladimir Ivanovich, born in 1953, as bankruptcy trustee for Pristupu, passport 1-SI number 570154, issued on March 24, 1976 by the Department of Internal Affairs of the Talovsky District Executive Committee of the Voronezh Region, with a remuneration of 6,000 rubles per month from the debtor's funds.

Remove the debtor's management bodies from performing the functions of managing and disposing of property and oblige them to transfer them to the bankruptcy trustee V.I. Pristup within three days. accounting and other documentation, seals and stamps, material and other values of the debtor.

To oblige the bankruptcy trustee to V.I. make a publication in the Bulletin of the Supreme Arbitration Court of the Russian Federation and the Bulletin of the FSFO of Russia, confirm the publication of the liquidator in accordance with Art. 100 F3 "On insolvency (bankruptcy)", by 01.11.01, submit a report on the work done.

Presiding Z.A. Gavrilova
Judges: A.G. Vasiliev
L.S.Azizova

ARBITRATION COURT OF MOSCOW
DEFINITION:
Moscow city
March 27, 2002
Case No. A4 0-6435 / 01-44-17B

Arbitration court composed of:
Chairperson: Z.A. Gavrilova
Judges: V.V. Kobylyansky, M.O. Gerasimova
Considered the case at the court session at the request of the State Unitary Enterprise "Gosimpex"
On declaring him insolvent (bankrupt) (creditors' complaints)
The meeting was attended by: according to the minutes of the court session

THE COURT ESTABLISHED: The Moscow Arbitration Court is considering complaints from creditors of OJSC Obneftegazgeologia, CJSC Holding Company Center-M, Juventa Trading LTD, GUP UPTK 776, VKT Saturn LLC.

All bankruptcy creditors, FSFR and MCP are notified in due course about the time and place of consideration of complaints. The case is considered in accordance with Art. 119 of the APC RF.

Representatives of LLC VKTTs "Saturn" at the hearing insisted on satisfying the complaint dated 30.01.02, No. 30 \ 01, in which they point out the illegality of the decision of the bankruptcy trustee V.I. on the exclusion of property in the form of a property complex located at the address: Moscow, pos. Vnukovo, st. Central, possession 10 and transferring it to the Administrative Department of the President of the Russian Federation.

The bankruptcy creditors supported the statement of VKTC "Saturn" LLC. The liquidator objected to the satisfaction of the complaint on the grounds set out in the response.

The court, having heard the opinion of the persons participating in the case, having examined the documents and materials of the case, considers the complaint of VKTTs "Saturn" LLC justified and subject to satisfaction on the following grounds.

State Unitary Enterprise "Gosimpex" was declared insolvent (bankrupt) on 17.05.01. According to the deed of transfer approved by the Administrative Department of the President of the Russian Federation on 08.16.01, the bankruptcy trustee V.I. took over the federal property located at the address: Moscow, pos. Vnukovo, st. Central, possession 10, owned by the debtor on the right of economic management.

The bankruptcy commissioner, having received on 19.12.01 a response from the Moscow Registration Committee about the absence of information on registered rights to real estate at the above address, on 29.01.02 notified the creditors of his decision to exclude federal property from the debtor's assets in the form of a property complex located at the address: . Moscow, pos. Vnukovo, st. Tsentralnaya, possession 10 and about returning it back to the Administrative Department of the President of the Russian Federation.

The notification does not indicate which buildings are being transferred to the Administrative Department of the President of the Russian Federation (vol. 11, case file 94).

The basis for the decision is indicated that the property cannot be sold within the framework of bankruptcy proceedings.

The documents confirming the transfer of property to the Administrative Department of the President of the Russian Federation were not presented to the court. The bankruptcy commissioner explained that such an act of transfer by the Administrative Department of the President was not signed.

At the same time, on the basis of the bankruptcy commissioner's application, the Moscow City Committee for State Registration of Rights to Real Estate and Transactions with it registered the right of economic management for buildings at the address: Moscow, pos. Vnukovo, st. Central, possession 10, pp. 1-4, 6, 8, 10-16, 18, 20-24.

According to the act approved by the Ministry of State Property of the Russian Federation on May 20, 1999, the aforementioned property was transferred to the State Unitary Enterprise "Gosimpex" for economic management (v. 3, case sheets 1-13) in the volume in which it was subsequently transferred to the bankruptcy commissioner. In accordance with Article 98 of the Federal Law "On Insolvency (Bankruptcy)", from the moment the arbitration court makes a decision to declare the debtor bankrupt and to open bankruptcy proceedings, the powers of the owner of the debtor's property of a unitary enterprise are terminated.

Under these circumstances, the court considers that the notification of bankruptcy creditors about the exclusion of real estate in full (as follows from the notification dated January 29, 2002) from the debtor's assets and about transferring it to the Presidential Affairs Department until the issue of registering the right of economic management to the property is premature, in connection with which the complaint of LLC VKTTs "Saturn" is subject to satisfaction.

Creditors: Obneftegazgeologia OJSC, Center-M Holding Company CJSC, Juventa Trading LTD, GUP UPTK 776 in complaints of 01/25/02, 02/11/2002, 02/28/02 against the actions of the bankruptcy commissioner ask the court to dismiss V.I. Pristupu from the duties of the bankruptcy commissioner of the State Unitary Enterprise "Gosimpex" on the grounds specified in the complaints.

Creditors' complaints have the same content or complement each other, in addition, all contain a requirement to remove the liquidator, in connection with which they are considered by the court in aggregate.

In the complaint dated 7.03.02, in addition, creditors refer to the decision of the meeting of creditors dated 26.02.02, which made a decision to remove the liquidator from his post. On the basis of the decision of the meeting of creditors, the creditors' committee on 12.03.02 (vol.12, ld 69) applied to the court with a motion to remove V.I. from the performance of the duties of the bankruptcy commissioner of the State Unitary Enterprise "Gosimpex" and the appointment of V.Ya. Birman as the new bankruptcy commissioner.

Bankruptcy commissioner Pristup V.AND. objected to the satisfaction of complaints on the grounds set out in the reviews. The representative of the VKTTS "Saturn" LLC objected to the removal of V.I. from the performance of the duties of the bankruptcy commissioner.

The court, having listened to the opinions of the persons participating in the case, having studied the submitted documents and case materials and evaluating them in aggregate, satisfies the creditors 'complaints and the petition of the creditors' committee and dismisses Pristupu V.AND. from the performance of the duties of the bankruptcy commissioner of the State Unitary Enterprise "Gosimpex" on the basis of Art. 116 of the Federal Law "On Insolvency (Bankruptcy)" on the following grounds.

In accordance with Article 115 of the Federal Law "On Insolvency (Bankruptcy)", the bankruptcy commissioner at least once a month submits to the creditors' committee or the meeting of creditors information about the debtor's property at the time of the bankruptcy proceedings, in connection with which the creditors of Gosimpex were entitled to inspect Property Complex.

The bankruptcy trustee's reference to the lack of a response from the Ministry of Property Relations of the Russian Federation and to the fact that at that moment the legal status of the property was not determined is not taken into account by the court, since the debtor's property was accepted by the bankruptcy trustee on August 16, 2001, in accordance with Art ... 101 FZ "On insolvency (bankruptcy)".

At the same time, the court does not accept the arguments of the applicant of the complaint of OJSC “Obneftegazgeologia” about the revocation of the bankruptcy commissioner's license, since the decision of the Moscow Arbitration Court in case No. A40-333 / 02-119-4 canceled the order of the FSFR of Russia.

The court is not considered as grounds for dismissal of Pristupa V.AND. from the performance of the duties of the bankruptcy commissioner, the grounds indicated by the creditors in previous complaints, which were the subject of consideration at the court session on 01.24.02.

All other grounds indicated in the complaints were investigated by the court.

In accordance with Art. 13 of the Federal Law "On Insolvency (Bankruptcy)", a meeting of creditors at the request of a committee of creditors or bankruptcy creditors is convened by the bankruptcy commissioner within 2 weeks from the moment the bankruptcy creditors apply with a corresponding request to the bankruptcy commissioner.

The bankruptcy commissioner violated the procedure for convening a meeting of creditors, so at the request of creditors from 16.01.02, 30.01.02, the meeting of creditors was held only on 26.02.02.

In accordance with Art. Art. 102, 112 of the Federal Law "On Insolvency (Bankruptcy)" the bankruptcy commissioner evaluates and sells the debtor's property in accordance with the specified articles, unless otherwise established by the meeting or the creditors' committee.

In this connection, the court believes that the issue of writing off receivables as property constituting the bankruptcy estate should have been decided by a committee or a meeting of creditors, and not solely by the bankruptcy administrator.

In these circumstances, the complaints of creditors are subject to satisfaction.

The meeting of creditors held on February 26, 2002 by a majority of votes of the total number of votes of bankruptcy creditors made a decision to remove the bankruptcy trustee V.I. from the performance of his duties. Birman V.Ya. was approved for appointment as a new liquidator.

On March 12, 2002, the creditors' committee filed a corresponding petition with the court.

Based on Art. Art. 12, 13, 14, 19, 22, 102, 103, 112, 115, 116 FZ "On insolvency (bankruptcy)", guided by Art. Art. 11, 53, 56, 59, 60, 119, 134, 140, 141, 143 APC RF court

DEFINED

Satisfy the complaint of LLC VKTTS "Saturn" dated 30.01.02, No. 30/01

Satisfy the complaint of OJSC "Obneftegazgeologia", CJSC "Holding company" Center-M, "Juventa Trading" LTD, GUI UPTK 776 dated 11.02.02.

Satisfy the complaint of Obneftegazgeologia LLC dated 25.01.02.

Satisfy the complaints of OJSC "Oblneftegazgeologia", CJSC "Holding company" Center-M "dated 28.02.02 and from 7.03.02.

Satisfy the petitions of the creditors' committee.

Remove V.I. from the performance of the duties of the bankruptcy commissioner of the State Unitary Enterprise "Gosimpex".

Appoint Vladimir Yakovlevich Birman as bankruptcy trustee of State Unitary Enterprise "Gosimpex".

Presiding officer: Z.A. Gavrilova
Judges: V.V. Kobylyansky
M.O. Gerasimova

CONTRACT No. 1
sale and purchase of non-residential buildings

State Unitary Enterprise of Industrial Cooperation and Import-Export Programs of the Administrative Department of the President of the Russian Federation, represented by the Bankruptcy Commissioner V.Ya. Birman, acting on the basis of the Decision of the Moscow Arbitration Court dated March 27, 2002 in case No. A40-6435 / 01-44- 17B, hereinafter referred to as the "Seller", on the one hand, and Dialect Contact LLC, represented by the General Director S.A. Zimin, acting on the basis of the Charter, hereinafter referred to as the "Buyer", on the other hand, together referred to as the Parties, have concluded this agreement is as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller undertakes to transfer to the Buyer's ownership 19 residential buildings with a total area of 18 658.4 sq. m., located at the address: Moscow, st. Centralnaya, 10<...>- further the Property, and the Buyer undertakes to accept the Property and pay for it the price stipulated in this agreement.

The characteristic of the Property is given in Appendix No. 1 to this Agreement, which is its integral part.

1.2. The specified Property belongs to the Seller on. the right of economic management, which is confirmed by certificates of state registration of right No.№ included in the Seller's bankruptcy estate and is subject to alienation in accordance with Art. 112 F3 "On insolvency (bankruptcy)", by the decision of the Moscow Arbitration Court dated 05/17/01 in case No. A-40-5 / 01-44-17B on recognizing the State Unitary Enterprise "Gosimpex" as insolvent bankrupt) and the minutes of the meeting of the committee of creditors of the State Unitary Enterprise " Gosimpex "dated 04.29.02.

1.3. The Seller guarantees that the Property specified in the singing agreement is not under arrest, pledged, leased or encumbered by any other rights of third parties and is suitable for use in accordance with its intended purpose.

1.4. The Buyer's ownership of the Property arises from the moment of state registration of the transfer of ownership from the Seller to the Buyer in the manner prescribed by law.

3.1 The value of the Property is 12,800,000 (Twelve million eight hundred thousand) rubles, including VAT.

The named amount is paid by the Buyer to the Seller within 3 (three) days after the state registration of the Buyer's title to the Property by transferring it to the Account specified by the Seller.

Salesman:
State Unitary Enterprise of Industrial Cooperation and Import-Export Programs
Of the Administrative Department of the President of the Russian Federation
Birman V.Ya.

Customer:
Dialect Contact LLC
Zimin S.A.

MINISTRY OF PROPERTY RELATIONS OF THE RUSSIAN FEDERATION (Ministry of Property of Russia)
DEPUTY MINISTER
103685, Moscow, Nikolsky per., 9
Tel .: 298-75-62
Fax: 206-11-19
Dated June 27, 2002 No. SM-30/11188

On the inclusion of property in the bankruptcy estate

To the bankruptcy commissioner of the State Unitary Enterprise of Industrial Cooperation and Import-Export Programs of the Administrative Department of the President of the Russian Federation
V.I.
107078, Moscow,
st. Novaya Basmannaya, 13/2, bldg. 1

Dear Vladimir Ivanovich!

The Ministry of Property of Russia has considered your appeal dated 13.02.2002 No. 300-BK and informs you.

In accordance with Art. 103 of the Federal Law of 08.01.98 No. 6-F3 "On Insolvency (Bankruptcy)" all property of the debtor, available at the time of the opening of bankruptcy proceedings and identified in the course of bankruptcy proceedings, constitutes the bankruptcy estate. In this case, property withdrawn from circulation, property rights related to the personality of the debtor, including rights based on a permit (license) to carry out certain types of activities, as well as other property provided for by law, are excluded from the bankruptcy estate.

By order of the Ministry of State Property Management of Russia dated 19.03.99, No. 398-r federal property located at the address: Moscow, pos. Vnukovo, st. Centralnaya, ow. 10, was transferred to the operational management of the Administrative Directorate of the President of the Russian Federation, and on the basis of the order of the Administrative Directorate of the President of the Russian Federation No. 102 dated March 30, 1999, the said property was assigned on the basis of the right of economic management to the State Unitary Enterprise of industrial cooperation and import-export programs of the Administrative Department of the President of the Russian Federation (hereinafter - State Unitary Enterprise "Gosimpex").

According to clause 4 of the Decree of the President of the Russian Federation dated 02.08.2000 No. 1444 "Issues of the Administrative Department of the President of the Russian Federation" federal property, the management and disposal of which is entrusted to the Administrative Department of the President of the Russian Federation, is not subject to alienation.

Guided by Art. 104 of the Federal Law of 08.01.98 No. 6-FZ "On insolvency (bankruptcy)", the bankruptcy commissioner, when identifying property withdrawn from circulation in the debtor's property, must notify the owner of the property, who is obliged to take this property and assign it to other legal entities ...

Taking into account the above, since the opening of bankruptcy proceedings against the State Unitary Enterprise "Gosimpex", the federal property located at the address: Moscow, pos. Vnukovo, st. Centralnaya, ow. 10, was subject to transfer to the Administrative Department of the President of the Russian Federation.

S.V. Youthful

Moscow Arbitration Court
DEFINITION
Moscow city
July 19, 2002
Case No. A40-6335 / 01-44-17 B

Judge Z.A. Gavrilova
alone
considered the case at the request of the State Unitary Enterprise "Gosimpex"
to declare him insolvent (bankrupt)

ESTABLISHED: By the definition of 16.07.02, the report of the bankruptcy trustee of the State Unitary Enterprise "Gosimpex" V.Ya. Birman was appointed for consideration. on the completion of bankruptcy proceedings, on the basis of an application by the bankruptcy commissioner dated 15.07.02, which indicates the sale of the bankruptcy estate, i.e. the debtor's property and settlements with bankruptcy creditors.

After the appointment of the report, the court received a letter from the former bankruptcy manager of the State Unitary Enterprise "Gosimpex" V.I. with the attachment of a letter from the Deputy Minister of the Ministry of Property Relations of the Russian Federation S.V. Molozhavago. dated 27.06.02, No. CM-30/11888 on the possible presence in the bankruptcy estate of the debtor of Federal Real Estate.

Under these circumstances, the court considers it possible to involve V.Ya. Birman as a participant in the arbitration process when considering the report of the bankruptcy commissioner of the State Unitary Enterprise "Gosimpex". Guided by Art. 31 of the Federal Law "On Insolvency (Bankruptcy)", Art. Art. 140, 143 APC RF, court

DEFINED:

Involve the Ministry of Property Relations of the Russian Federation as a participant in the arbitration process when considering the report of the bankruptcy trustee of the State Unitary Enterprise "Gosimpex" V.Ya. Birman, appointed on 28.08.02 at 10-00 in hall 741 in the building of the Arbitration Court of Moscow at the address: st. N. Basmannaya, 10.

To oblige the Ministry of Property Relations of the Russian Federation to submit a certificate of the debtor's real estate, which is in Federal ownership.

Judge Z.A. Gavrilova

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08.02.2018
Events. The Central Bank has adjusted the dictionary. New concepts have appeared in the policy document of the Bank of Russia. Yesterday the Bank of Russia issued a policy document describing plans for the development and application of new technologies in the financial market in the coming years. The main ideas, concepts and projects have already been announced by the regulator in one way or another. At the same time, the Central Bank introduces and discloses new terms, in particular, RegTech, SupTech and “end-to-end identifier”. Experts note that these areas have been successfully developing in Europe for a long time.

08.02.2018
Events. The State Duma has issued a permit for capital to enter Russia. It was decided to repeat the one-time business amnesty. The State Duma of Russia adopted on Wednesday in the first, and a few hours later - in the second reading, initiated by Vladimir Putin, a package of bills on the renewal of the capital amnesty. The new act of “forgiveness” was announced as the second phase of the 2016 campaign, which was then filed as a one-off and was virtually ignored by the business. Since the attractiveness of the Russian jurisdiction and the trust in its law enforcement agencies have not increased over the past two years, now the stake is placed on the thesis that capital should be returned to the country because it is worse for them abroad than in Russia.

07.02.2018
Events. Control and supervision are adjusted to the figure. Business and government have compared their approaches to reform. The results and prospects of the reform of control and supervisory activities were discussed yesterday by representatives of the business community and regulators as part of the "Week of Russian Business" under the auspices of the Russian Union of Industrialists and Entrepreneurs. Despite the decrease in the number of scheduled inspections by 30%, business complains about the administrative burden and calls on the authorities to respond more quickly to the proposals of entrepreneurs. The government, in turn, plans to tackle the revision of mandatory requirements, reform of the Administrative Code, digitalization and acceptance of reporting in the "one window" mode.

07.02.2018
Events. Transparency will be added to issuers. But investors are waiting for additions on shareholders' meetings. The Moscow Exchange is preparing amendments to the listing rules for issuers whose shares are on the top quotation lists. In particular, companies will be obliged to create on their websites special sections for shareholders and investors, the maintenance of which will be controlled by the exchange. Large issuers already meet these requirements, but investors consider it important to enshrine these obligations in the document. In addition, in their opinion, the exchange should pay attention to the disclosure of information for shareholders' meetings, which is the most painful issue in the relationship between issuers and investors.

07.02.2018
Events. The Central Bank of Russia will get a grasp of advertising. The financial regulator has found a new field of supervision. The conscientiousness of financial advertising will soon begin to be assessed not only by the Federal Antimonopoly Service, but also by the Central Bank. Starting this year, within the framework of behavioral supervision, the Bank of Russia will identify advertisements of financial companies and banks that contain signs of violations and report this to the FAS. If banks receive not only fines from the FAS, but also recommendations from the Central Bank, this may change the situation with advertising in the financial market, experts say, but the procedure for applying the Central Bank's supervisory measures in the new area has not yet been described.

06.02.2018
Events. Not by accent, but by passport. Foreign investments under the control of Russians will be left without international protection in the spring. The government bill, depriving the investments of foreign companies controlled by Russians and persons with dual citizenship of the protection of the law on foreign investments, in particular, guarantees of freedom of withdrawal of profits, will be adopted by the State Duma of Russia in early March. The document does not recognize foreign investments either through trusts and other trust institutions. The Russian-controlled structures that invest in strategic assets in the Russian Federation, the White House is still ready to consider foreign investors - but for them, as before, it only means the need to coordinate transactions with the foreign investment commission.

06.02.2018
Events. Banks are not given to government agencies. FAS Russia intends to limit the expansion of the public sector in the financial market. The Federal Antimonopoly Service has developed proposals to restrict government purchases of banks. The FAS plans to amend the law "On banks and banking activities" and is now working on them with the Central Bank (CB). An exception may be the reorganization of banks, ensuring the availability of banking services in areas in need of this, as well as issues of the country's security. The head of the Central Bank Elvira Nabiullina has already supported this initiative.

06.02.2018
Events. Online audit was given a chance. IIDF is ready to support remote checks. Online audit, which until now was a sideline of this business, which was carried out mainly by unscrupulous companies, received support at the state level. The Internet Initiatives Development Fund invested 2.5 million rubles in AuditOnline, thus recognizing the prospects of this direction. However, market participants are confident that online audit does not have a legitimate future - remote audits are contrary to international auditing standards.

05.02.2018
Events. It is recommended to refrain from legal transactions. The Central Bank of Russia found "hidden trust management" unethical. The Bank of Russia warns professional participants against using some popular, but not entirely ethical practices in relation to clients in the stock market. The schemes described in the letter of the regulator lie in the legal plane, so the Central Bank limited itself to recommendations. But in fact, the regulator is testing the application of reasoned judgment, the right to use which has not yet been legally approved.

05.02.2018
Events. Absorption will be less entertaining. The Central Bank of Russia encourages banks to cut lending to M&A deals. The idea of the Central Bank to stimulate banks to lend not to M&A deals, but to the development of production takes on specific features. The first step may be to instruct banks to create increased loan provisions for M&A transactions. According to experts, this will reduce such lending, but in order for bank resources to go to the development of production, additional stimulating measures will be required.

If an enterprise cannot successfully carry out its activities, has a large debt on loans, is not able to pay taxes, then it can be declared bankrupt. This is stated in the Civil Code of the Russian Federation, it also indicates the conditions under which the procedure can be carried out.

There is a possibility of bankruptcy of a state unitary enterprise.

Bankruptcy of a state unitary enterprise

One of the most difficult and painful problems is the legal status of unitary enterprises.

State bankruptcy

The state-owned enterprise carries out its activities in accordance with the estimate of income and expenses approved by the owner (like a state budgetary institution). This circumstance predetermines strictly target (and not formally.

Nabiullina: - It is not the ruble that is weakening, but the dollar and the euro are becoming more expensive. -How is it, how is it? The bitter slut got fucked up, now you need to shove the blame on someone. Well, of course it is the West and the United States.

Bankruptcy of state unitary enterprises (state unitary enterprises)

Practice shows that the activities of state unitary enterprises (SUEs) are not always commercially effective due to a number of external and internal circumstances that can lead to bankruptcy as a result of high debt, as well as a general deplorable state.

The rules for bankruptcy procedures in Russia, including the State Unitary Enterprise, are established by the Civil Code of the Russian Federation (Article 65), together with other federal legislation governing the specifics of conducting legal activities in relation to a subject.

Bankruptcy of state unitary enterprises: technology, practice and recent trends

As practice shows, the mechanism of bankruptcy in relation to state unitary enterprises is used mainly in order to clear an enterprise from accounts payable or to re-register ownership of assets. The customer in the first case is the state itself, in the second - the potential buyer, that is, the future owner of the enterprise.

A positive point when conducting bankruptcy proceedings in the interests of the state is that it is easy to obtain its consent to sell part of the assets or the entire enterprise as a whole (this is required in case of external management or bankruptcy proceedings).

Bankruptcy of a Municipal Unitary Enterprise with Property

The authorized body (Federal Tax Service of Russia) applied to the Arbitration Court with a statement declaring the debtor MUP D. insolvent (bankrupt). The requirement of the Federal Tax Service of Russia was justified by the fact that the debtor has arrears in taxes and fees, the obligation to fulfill payment for current payments unfulfilled for more than 3 months and the amount of arrears exceeding 100,000 (one hundred thousand) rubles.

By the decision of the Arbitration Court, the statement of the Federal Tax Service of Russia was satisfied, in relation to the debtor MUP D.

Bankruptcy of a unitary enterprise

A selection of the most important documents upon request (regulations, forms, articles, expert advice and much more).

A guide to corporate disputes. Questions of judicial practice: Liquidation of a joint-stock company By virtue of paragraph 2 of Article 226 of the Federal Law of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" (hereinafter referred to as the Bankruptcy Law), the owner of the debtor's property - a unitary enterprise, founders (participants) of the debtor, the head of the debtor and the chairman of the liquidation commission (liquidator) who have violated the requirements provided for in Clauses 2 and 3 of Article 224 of this Federal Law shall bear subsidiary responsibility for the unmet claims of creditors for monetary obligations and for the payment of the obligatory payments of the debtor.

YurClub conference

Tell me, in bankruptcy proceedings, the property of the State Unitary Enterprise (OS) is included in the bankruptcy estate, if it is included, is it necessary to have the consent of the owner of the property for the sale of this property.

According to the act approved by the Ministry of State Property of the Russian Federation on May 20, 1999, the aforementioned property was transferred to Gosimpex for economic management (v. 3, case files 1-13) in the volume in which it was subsequently transferred to the bankruptcy commissioner.

FEDERAL STATE PROPERTY MANAGEMENT AGENCY

ORDER

In order to strengthen the coordination of the work of structural divisions and territorial bodies of the Federal Agency for State Property Management in functional areas related to the prevention of bankruptcy of federal state unitary enterprises, joint-stock companies, the powers of the shareholder - the Russian Federation - which are carried out by the Federal Property Management Agency, and to increase the efficiency of work to support bankruptcy procedures and the prevention of the insolvency of these organizations, in accordance with Federal Laws of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises" ("Collected Legislation of the Russian Federation", December 2, 2001, N 48, Article 4746), dated December 26, 1995 N 208-FZ "On Joint Stock Companies" ("Collected Legislation of the Russian Federation", January 1, 1996, N 1, Article 1), dated October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)" ("Collected Legislation of the Russian Federation", October 28, 20 02 of the year, N 43, article 4190), by the decrees of the Government of the Russian Federation of June 5, 2008 N 432 "On the Federal Agency for State Property Management" ("Collected Legislation of the Russian Federation", June 9, 2008, N 23, Art. 2721 ), dated December 3, 2004 N 739 "On the powers of federal executive bodies to exercise the rights of the owner of the property of a federal state unitary enterprise" ("Collected Legislation of the Russian Federation", December 13, 2004, N 50, article 5074), dated December 3 2004 N 738 "On the Management of Federally Owned Shares of Open Joint Stock Companies and the Use of the Special Right to Participate of the Russian Federation in the Management of Open Joint Stock Companies (" Golden Share ")" ("Collected Legislation of the Russian Federation", December 13, 2004, N 50 , Article 5073), by order of the Federal Agency for State Property Management dated April 13, 2010 N 90 "On the consolidation of federal state unitary enterprises and joint-stock companies with state participation behind the structural divisions of the Federal Property Management Agency "(with amendments and additions), Model Regulations on the Territorial Body of the Federal Agency for State Property Management, approved by order of the Ministry of Economic Development of the Russian Federation of November 1, 2008 N 374,

I order:

1. To approve the Regulation on the organization of work to prevent and support the insolvency (bankruptcy) procedures of federal state unitary enterprises and joint-stock companies, the shares of which are in federal ownership, in the Federal Property Management Agency and its territorial bodies (hereinafter - the Regulation) in accordance with Appendix No. 1 to this I will order.

2. The Department of Procurement and State Order shall, by December 15, 2011, ensure the completion of the information systems of the Federal Property Management Agency in terms of organizing accounting and automation of measures, the implementation of which is stipulated by the Regulation (hereinafter - IS "Bankruptcy").

3. Territorial bodies of the Federal Property Management Agency on the last day of the reporting month submit reporting information to the Deputy Head of the Federal Property Management Agency G.S. Nikitin in the forms in accordance with Appendix No. 2 to this Order, including in electronic form to the email address: [email protected]

Deputy Head of the Federal Property Management Agency G.S. Nikitin ensure that information on bankruptcy is communicated within 10 days to the deputy heads of the Federal Property Management Agency who coordinate and control the activities of federal state unitary enterprises and joint-stock companies in the respective spheres of management (industries) in accordance with the established distribution of duties between the deputies head of the Federal Property Management Agency.

This clause is terminated from the date of commissioning of the IS "Bankruptcy".

4. I reserve control over the execution of this order.

And about. the head
G.S. Nikitin

Appendix No. 1. Regulations on the organization of work to prevent and support insolvency (bankruptcy) procedures for federal state unitary enterprises and joint-stock companies, whose shares are in federal ownership, in ..

Regulations on the organization of work on the prevention and support of insolvency (bankruptcy) procedures for federal state unitary enterprises and joint-stock companies, whose shares are in federal ownership, in the Federal Property Management Agency and its territorial bodies

1. General Provisions

1.1. This Regulation has been developed in order to strengthen the coordination of the work of structural divisions and territorial bodies of the Federal Property Management Agency in functional areas related to the prevention of bankruptcy of federal state unitary enterprises, as well as joint stock companies, the powers of the shareholder - the Russian Federation - which are carried out by the Federal Property Management Agency, and to increase the efficiency of work to support insolvency procedures (bankruptcy) of these organizations.

1.2. In this Regulation, the following abbreviations apply:

Law - Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)".

FSUE is a federal state unitary enterprise (for the purposes of this Regulation, unitary enterprises are considered, the powers of the owner and / or the powers of the owner of the debtor's property in respect of which are exercised by the Federal Property Management Agency).

AO is a joint-stock company, the shares of which are owned by the Russian Federation and the powers of a shareholder in respect of which are exercised by the Federal Property Management Agency.

Organization - FSUE or OJSC.

TU Rosimushchestvo is a territorial body of the Federal Agency for State Property Management, exercising powers on the territory of a constituent entity of the Russian Federation, in which a legal entity is registered - JSC or FSUE.

CA of the Federal Property Management Agency is the central office of the Federal Property Management Agency.

Application - a statement by the debtor, authorized body, bankruptcy creditor for recognizing the FSUE, JSC insolvent (bankrupt).

Requirement - an application for inclusion in the register of creditors' claims of the debtor organization FSUE, JSC.

Delegated JSC is a joint-stock company, the powers of a shareholder (founder) of which, by order of the Federal Property Management Agency of April 13, 2010 N 90, were partially delegated to the Territorial Administration of the Federal Property Management Agency.

A branch federal executive authority is a federal executive body in charge of (in accordance with the regulatory legal documents of the Government of the Russian Federation or industry affiliation) FSUE, JSC.

2. Maintenance of insolvency (bankruptcy) procedures

2.1. When accompanying the insolvency (bankruptcy) procedures of Organizations, the Federal Property Management Agency takes the following measures:

2.1.1. Daily or weekly monitoring of the data of the Internet sites of the Supreme Arbitration Court of the Russian Federation, the official publication determined by the regulatory body, the Unified Federal Register of Bankruptcy Information in order to identify the following relevant information in relation to the Organizations:

- filing an application for declaring the debtor bankrupt;

- introduction, extension, termination or completion of insolvency (bankruptcy) procedures;

- termination of bankruptcy proceedings;

- approval, removal or dismissal of the insolvency practitioner;

- satisfaction of applications of third parties about the intention to extinguish the debtor's obligations;

- bidding for the sale of the debtor's property, the results of bidding;

- other information that is significant from the standpoint of the interests of the Russian Federation.

2.1.2. Within 10 days from the date of acceptance by the arbitration court of the application for declaring the debtor bankrupt:

a) with the involvement of the sole executive body (head, general director) of the Organization, the legality and validity of the Application is checked, including the existence of legal grounds for refusing to satisfy or accepting the Application, or terminating bankruptcy proceedings;

b) an analysis of the financial and economic activities, the dynamics of the financial condition of the Organization for the three previous financial years and the reporting periods of the current year is carried out, the factors that led to the deterioration of the financial condition and the degree of their influence are identified;
________________
When conducting the analysis, you can be guided by the following documents:

Order of the Ministry of Economic Development of Russia dated February 5, 2009 N 35;

Resolution of the Government of the Russian Federation of June 25, 2003 N 367;

order of the FSFR RF of January 23, 2001 N 16.

c) the analysis of the transactions of the debtor - FSUE or OJSC, as a result of the performance or non-performance of which overdue accounts payable was formed, including from the standpoint of compliance with the statute of limitations:

- the actual existence of an unfulfilled or improperly fulfilled obligation by the debtor and its size;

- the presence of signs of a major transaction and (or) an interested party transaction, compliance with the procedure for their conclusion;

- the presence of interrelated transactions that led to the emergence of bad accounts receivable;

- for FSUE - if FSUE is included in the Forecast plan (program) of privatization, compliance with the provisions is checked;

- for OJSC - if OJSC was created by transforming the Federal State Unitary Enterprise after 2002, compliance with the provisions of paragraph 3 of Article 14 of the Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property" is carried out for the entire period after inclusion the corresponding FSUE in the Forecast plan (program) of privatization;

- the existence of other grounds for recognizing the relevant transactions as invalid;

- an express analysis of legal entities that are creditors of the Organization is carried out for the presence of signs of a "fly-by-night" company (comparison of the terms of registration of the creditor organization in the Unified State Register of Legal Entities and the timing of the debt of the JSC or Federal State Unitary Enterprise to the creditor), if there are facts of purchase; the sale of debt, such an analysis is carried out in relation to both the buyer and the seller of the debtor's accounts payable;

d) an on-site inspection of the procedure for the use of immovable property assigned to the Federal State Unitary Enterprise or being part of the property complex of the JSC is carried out;

the inspection report reflects information about all objects transferred to the economic management of the Federal State Unitary Enterprise (from 2002 to the present) or transferred to the property complex of JSC, as well as the facts of their withdrawal, alienation (including by transferring subsidiaries and affiliates to the authorized capital organizations), transfer for the use of third parties (indicating the documents-grounds), on the actual use and rights to objects, as well as on promising areas of use of objects in order to improve the financial situation;

e) a meeting or a series of meetings is held with a call to the sole executive body (head, general director) of the Organization or a person replacing him, by inviting responsible representatives of the authorized body, the territorial body of federal executive authorities, if necessary, representatives of law enforcement agencies (clause 2.1.3 of these Regulations). In relation to JSCs, members of the Board of Directors and the Audit Commission are also invited to the meeting. Within the framework of the meeting, among others, the issues of the identified signs of deliberate bankruptcy and the measures taken in this regard, the size and structure of accounts payable and the possibilities of its repayment within the framework of pre-trial reorganization are considered;

f) the issue of the feasibility of attracting a specialized organization for the purpose of providing audit and other services related to audit activities (within the funding established by the federal budget) is being worked out, within which the specialized organization can be assigned additional tasks aimed at analyzing the reasons for the deterioration of the financial condition and developing proposals to restore solvency, including examination of transactions, economic and legal analysis of managerial decisions made by the management of the organization, development of plans for financial recovery, business plans of the organization;

if it is expedient to organize an audit for the purposes specified in this clause of the Regulations, an order is issued by the Deputy Head of the Federal Property Management Agency, who coordinates and monitors the activities of the sectoral structural unit of the Central Asia Federal Property Management Agency, which is in charge of the Organization proposed for verification, to conduct an audit of the results of the activities of the Organization, which is submitted to the Department for the organization of the assessment of federal property and audit (TU Rosimushchestvo send their proposals to the sectoral structural divisions of the Central Asia Federal Property Management Agency, which, if they agree with the presented justifications and materials, take measures to issue the above-mentioned order of the Deputy Head of the Federal Property Management Agency in the prescribed manner and send it to the Office of the Organization of Assessment federal property and audit).

2.1.3. Based on the results of the activities specified in subparagraphs a) -e) of paragraph 2.1.2 of these Regulations, an economic and legal analysis of the factors that led to a deterioration in the financial condition of the Organization is carried out, and when signs of deliberate (fictitious) bankruptcy, excess by the head of the Organization or a person, his substitute, his powers should be:

a) immediately send a reasoned appeal to the prosecution authorities to take appropriate response measures;

b) within 10 days, prepare proposals for a candidate for the position of acting. the head (general director) with a reasoned justification for the need to terminate the powers of the current executive body (head, general director) of the Organization, or a person replacing him (not applicable for Organizations in respect of which external management has been introduced or bankruptcy proceedings have been opened);

c) within 10 days, inform the Legal Department about the existence of grounds for organizing a claim work with claims to invalidate or apply the consequences of invalidity of void transactions concluded by the Organization.

2.1.4. As part of participation in a bankruptcy case, it follows, depending on the current insolvency (bankruptcy) procedure:

a) act as a person participating in the arbitration process in the bankruptcy case, or as a person participating in the bankruptcy case;

b) take part in all court hearings, in the arbitration process in the case of the bankruptcy of the Federal State Unitary Enterprise;

c) monitor the progress of the Organization's bankruptcy case, get acquainted with its materials, conduct a comprehensive economic and legal analysis of the implementation of the relevant bankruptcy procedures;

d) participate in all meetings of creditors, get acquainted with the materials presented to the participants of the meeting of creditors for familiarization and (or) approval; participate (without the right to vote) in the meetings of creditors and speak on the agenda of the meeting of creditors, get acquainted with the minutes of the meeting of creditors and the documents attached to it, make copies of them and make extracts;

e) hold meetings and other coordination procedures with authorized representatives of creditors in order to consider the issue of the possibility of concluding an agreement on a deferred or installment payment plan, concluding an amicable agreement, and, if necessary, take part in the development of relevant documents.

2.1.5. In case of revealing the facts of violation of the rights and legitimate interests of the owner of the debtor's property - FSUE or the founder of the debtor - JSC, violation of the requirements of the Law and other regulatory legal acts, the presence in the actions (inaction) of the arbitration manager and other persons, including the head of the Organization, signs of administrative offenses or criminal offenses, including those provided for in Article 195 (illegal actions in bankruptcy), Article 196 (intentional bankruptcy), Article 197 (fictitious bankruptcy) of the Criminal Code of the Russian Federation, to take measures within the established competence to protect property and other rights and legal interests of the Russian Federation and bringing the perpetrators to justice, including:

a) filing with the bankruptcy arbitration court:

- complaints about the actions (inaction) of the bankruptcy commissioner, decisions of the creditors 'meeting and the creditors' committee;

- a petition for the appointment of an examination in order to identify signs of deliberate or fictitious bankruptcy (part 2 of article 34 of the Law);

- petitions for the release or dismissal of the bankruptcy commissioner;

b) preparation and sending to the Federal Property Management Agency of a draft complaint to the control (supervision) body on the audit of the activities of the insolvency practitioner or a self-regulatory organization of insolvency commissioners, bringing them to justice (with the attachment of all the necessary documents establishing facts of violation of the requirements of the Law and other regulatory legal acts) ...

2.2. Features of support for insolvency (bankruptcy) procedures of a JSC:

2.2.1. In relation to JSCs in which the Russian Federation is the sole shareholder, measures to support bankruptcy procedures are carried out in accordance with clause 2.1 of these Regulations.

2.2.2. In relation to JSCs in which the Russian Federation owns from 50% plus one voting share to 100% of voting shares, the measures provided for in paragraph 2.1 of this Regulation are carried out through the implementation of corporate procedures in accordance with Federal Law No. 208-FZ of December 26, 1995 "On Joint Stock societies ". The initiation and implementation of these corporate procedures is carried out as soon as possible.

2.2.3. With regard to JSCs in which the Russian Federation owns less than 50% of voting shares, taking into account the analysis of the structure of the share capital, the presence of other large shareholders of this JSC, the distribution of the number of votes in the board of directors of the JSC, exhaustive measures are taken to ensure the implementation of the measures provided for in clause 2.1 of these Regulations (including conducting preliminary negotiations with other shareholders of JSC to support them in making appropriate decisions). These corporate procedures are initiated as soon as possible.

2.3. Measures to support the insolvency (bankruptcy) procedures of the Organizations are carried out by the following structural divisions of the Federal Property Management Agency:

2.3.1. With regard to FSUEs included in the list of strategic organizations by order of the Government of the Russian Federation dated August 20, 2009 N 1226-r, as well as JSCs not delegated to the Federal Property Management Agency:

a) clause 2.1.1, clause 2.1.2, clause 2.1.3, sub-clauses c) -e) clause 2.1.4, sub-clause b) clause 2.1.5 - sectoral structural divisions of the CA Rosimushchestvo;

b) subparagraphs a) -c) of paragraph 2.1.4, subparagraph a) of paragraph 2.1.5 - Legal Department of the Federal Property Management Agency.

The Deputy Head of the Federal Property Management Agency, in charge of the branch structural unit of the Central Asia Federal Property Management Agency, to which the Organization is assigned, has the right to fully or partially instruct the implementation of the measures specified in subparagraph a) of this paragraph to the TU of the Federal Property Management Agency. Under subparagraph b) of this paragraph, an order may be given to the technical department of the Federal Property Management Agency in agreement with the Deputy Head of the Federal Property Management Agency in charge of the work of the Legal Department.

The branch structural unit of the CA of the Federal Property Management Agency prepares an order no later than 3 working days after the publication on the website of the Supreme Arbitration Court of the Russian Federation of information on filing an Application with respect to the Organization. The execution of clause 2.1.1 cannot be entrusted to the Technical Department of the Federal Property Management Agency.

TU Rosimushchestvo executes the order in accordance with the terms and procedure specified in this Regulation and the order.

2.3.2. In relation to other FSUE and delegated JSCs, the measures provided for in clause 2.1 of these Regulations are carried out by the TU Rosimushchestvo independently.

The Deputy Head of the Federal Property Management Agency, in charge of the branch structural unit of the Central Asia Federal Property Management Agency, to which the Organization is assigned, has the right to issue separate instructions to the Technical Department of the Federal Property Management Agency, which are binding.

2.3.3. When performing the measures specified in subparagraphs a) -c) of clause 2.1.4, subparagraph a) of clause 2.1.5 of these Regulations, the TU Rosimushchestvo interact with the Legal Department of Rosimuschestvo in the manner prescribed by local regulations of the Rosimushchestvo.

2.3.4. In the cases and in the procedure provided for by order of the Federal Property Management Agency of April 29, 2010 N 100 (as amended by the order of the Federal Property Management Agency of June 30, 2010 N 179), draft decisions of the Federal Property Management Agency (Government of the Russian Federation), proposals of the Federal Property Management Agency to federal authorities, instructions to the territorial bodies of the Federal Property Management Agency on issues related to the prevention of bankruptcy of organizations, are subject to agreement with the Deputy Head of the Federal Property Management Agency, who coordinates and monitors activities in the field of privatization of state property.

2.3.5. Sectoral structural subdivisions of the CA of the Federal Property Management Agency and the Technical Department of the Federal Property Management Agency ensure receipt of notifications about the meeting of the Organizations' creditors. In the event that the CA of the Federal Property Management Agency receives a notice of a meeting, in which an employee of the Technical Department of the Federal Property Management Agency must take part, the branch structural divisions of the Central Office of the Federal Property Management Agency ensure that the notification is sent to the corresponding TC of the Federal Property Management Agency within a period not exceeding 1 (one) business day from the date of receipt (if necessary, on including fax).

Based on the results of participation in the meeting of creditors, the employee who took part provides, within 3 days, submission to the Federal Property Management Agency of the Report on the results of the meeting of creditors, including in electronic form, provides attachment in the information-analytical and information systems of the Federal Property Management Agency, and also sends it to the e-mail address [email protected] in the form in accordance with Appendices No. 1 and No. 2 to these Regulations.

2.4. Certain issues related to the support of insolvency (bankruptcy) procedures for JSCs and FSUEs:

2.4.1. Interaction with federal executive authorities on issues related to the prevention of insolvency, support of bankruptcy procedures for joint-stock companies and FSUEs is carried out exclusively by the CA of the Federal Property Management Agency. TU Rosimushchestvo can interact and coordinate work with the territorial bodies of federal executive authorities or apply to the CA of the Federal Property Management Agency about the need to ensure interaction with the central office of the federal executive authority.

2.4.2. The position of the TU Rosimushchestvo, which exercises the powers of the owner of the property of the FSUE debtor, the representative of the founders (participants) of the debtor of the JSC, on the following issues is determined by agreement with the CA of the Federal Property Management Agency:

a) an appeal to the first meeting of the debtor's creditors with a proposal to introduce financial rehabilitation in relation to the debtor, to carry out an additional issue;

b) the plan of the financial recovery of the debtor, the schedule of debt repayment;

c) the plan of external management of the debtor;

d) regulations on the procedure, conditions and terms for the sale of the debtor's property;

e) conclusion of an amicable agreement;

f) a petition of the interim manager to remove the manager of the debtor;

g) proposals of the bankruptcy commissioner for the sale of the debtor's enterprise (a property complex intended for carrying out entrepreneurial activity);

h) proposals of the bankruptcy commissioner to replace the assets of the debtor;

i) proposals of the insolvency practitioner for the sale of the debtor's property through a public offer and setting the minimum sale price for this property.

2.4.3. On the issues listed in clause 2.4.2 of these Regulations, the TU Rosimushchestvo, within 3 working days from the date of receipt of the materials, sends a motivated position and materials to the sectoral structural unit of the CA Rosimushchestvo. If the TU Rosimushchestvo has received information about the consideration of these issues in the working order, but the arbitration manager refuses to submit materials on the issue, the TU Rosimushchestvo is obliged to inform the CA of the Federal Property Management Agency about the relevant facts, including by fax.

3. Information support of insolvency (bankruptcy) procedures of JSC and FSUE

3.1. The structural subdivisions of the CA of the Federal Property Management Agency and the Technical Administration of the Federal Property Management Agency ensure the accounting and storage of information and documents related to the support of bankruptcy procedures of JSC and FSUE, on paper, in the information and information-analytical systems of the Federal Property Management Agency. The procedure and terms are determined by the regulations for working with the systems. In the absence of an approved procedure for working with the system, the issue will be settled by separate instructions from the Head of the Federal Property Management Agency or the Deputy Head of the Federal Property Management Agency within the established competencies.

An approximate list of documents to be stored in electronic form in information and information-analytical systems is given in Appendices No. 3 and 4 to this Regulation.

4. Measures to prevent insolvency (bankruptcy) of JSC and FSUE

4.1. In order to take timely measures to prevent the bankruptcy of Organizations, sectoral structural divisions or TUs of the Federal Property Management Agency in accordance with the distribution of powers no later than 10 working days from the date of submission of annual or interim financial statements to the tax authorities established by Federal Law of November 21, 1996 N 129- Federal Law "On Accounting", carry out an express analysis of the results of financial and economic activities for the reporting period:

4.1.1. Analysis of the dynamics of financial statements:

- revenue (code 2110 of form N 2);

- net profit (loss) (code 2400 of form N 2);

- costs per 1 ruble of sales (the ratio of cost to revenue);

- obligations (code 1400 + code 1500 of form N 1);

- accounts receivable (code 1230 of form N 1);

- book value of real estate objects.

Comparison of indicators of the profit and loss statement is carried out with similar periods of previous years, balance indicators - with previous periods. The retrospective analysis is carried out for 3 financial years preceding the reporting period.

4.1.2. Determination of the Z index of the Altman model (based on the results of work for the reporting year):

Z = 0.71x + 0.847x + 3.1x + 0.42x + 0.995x,

where:

SOK - own working capital (working capital code 1200 of form N 1 minus short-term debt code 1500 of form N 1);

WB - balance sheet (code 1700 of form N 1);

PE - net profit for the reporting period (code 2400 of form N 2);

ППр - profit from sales for the reporting period (code 2200 of form N 2);

SK - equity capital (line 1300 of Form N 1);

KZ - the sum of long-term and short-term liabilities (code 1400 + code 1500 of form N 1);

В - revenue (code 2110 of form N 2).

4.2. If the express analysis showed negative dynamics of revenue, net profit and non-current assets, with a simultaneous increase in the share of prime cost in revenue, accounts receivable and payable, as well as when the Z indicator of the Altman model is approaching the critical value (the lower threshold is 1.23; for financially stable organizations, the value of the indicator exceeds 2.0), it is required to analyze the financial and economic activities of the Organization in accordance with subparagraph b) of paragraph 2.1.2 of these Regulations, and, if necessary, carry out the whole range of measures provided for in paragraphs 2.1.2 and 2.1.3 of this Regulations.

Appendix No. 1. Report on the results of the participation of the representative of the owner of the property of the debtor - FSUE in the work of the meeting of creditors

Appendix N 1
to the Regulation approved
by order of the Federal Property Management Agency
dated November 16, 2011 N 364

REPORT
on the results of the participation of the representative of the owner of the property of the debtor - FSUE in the work of the meeting of creditors

________________
This report is sent to the Federal Property Management Agency no later than the next business day following the day of the meeting of creditors.

Appendix N 2. Report on the results of the participation of the representative of the founders (participants) of the debtor - JSC in the work of the meeting of creditors

Appendix N 2
to the Regulation approved
by order of the Federal Property Management Agency
dated November 16, 2011 N 364

REPORT*
on the results of the participation of the representative of the founders (participants) of the debtor - JSC in the work of the meeting of creditors

(name and location of the debtor)

(Full name of the representative - employee of the Territorial Body of the Federal Property Management Agency)

_______________
* This report is sent to the Federal Property Management Agency no later than the next business day following the day of the meeting of creditors.


	Full company name and address of the debtor
	The name of the arbitration court in which the debtor's bankruptcy case is being processed, the number of the case, the details of the judicial act on the introduction of the last bankruptcy procedure and on the approval of the bankruptcy manager
	Surname, name and patronymic of the bankruptcy commissioner. The name of the SRO of arbitration managers, of which he is a member
	Date, place and time of the meeting of creditors. First or repeated meeting of creditors. Initiator of the meeting of creditors
	A) The total amount of creditors 'claims included in the register of creditors' claims as of the date of the meeting of creditors (thousand rubles). B) The total amount of creditors' claims included in the register of creditors' claims and entitled to vote as of the date of the creditors' meeting (thousand rubles). C) The amount of claims of the authorized body included in the register of creditors' claims and entitled to vote on the date of the meeting of creditors (thousand rubles). D) Presence / absence of a quorum at the meeting of creditors.
	Issues on the agenda of the meeting of creditors put to a vote (including additional issues)
	Decisions Adopted on the Issues of the Agenda of the Meeting of Creditors
	Responsible employee of the Territorial Administration of the Federal Property Management Agency, who prepared the report, his phone number and e-mail address

Appendix N 3. An indicative list of documents and information in relation to FSUE, which are in bankruptcy proceedings (bankruptcy dossier - FSUE)

Appendix N 3
to the Regulation approved
by order of the Federal Property Management Agency
dated November 16, 2011 N 364

Bankruptcy petition by the debtor or creditor (including the authorized body); recall of the debtor to the bankruptcy petition of the creditor; judicial acts in the bankruptcy case; reports of the bankruptcy commissioner, the register of claims of the debtor's creditors, other correspondence with the bankruptcy commissioner; financial analysis of the debtor, conclusions on the presence of signs of deliberate or fictitious bankruptcy; quarterly and annual financial statements (form No. 1, 2), conclusions of the audit commission and / or auditor for 3 financial years preceding the initiation of bankruptcy proceedings; information about the debtor's property not included in the bankruptcy estate (including those withdrawn from circulation); minutes of the meeting of creditors and the committee of creditors (if any); financial recovery plan, external management plan, regulations on the procedure, conditions and terms for the sale of the debtor's property, amicable agreement or draft documents proposed for approval; reports of an independent appraiser on the assessment of the market value of the debtor's property and the conclusions of the state financial control body presented on them; publications on auctions for the sale of the debtor's property; contracts for the sale and purchase of the debtor's property, concluded as a result of the auction, and direct contracts for the sale and purchase of the debtor's property; correspondence of the Territorial Administration with the Federal Property Management Agency, federal executive authorities, authorities of the constituent entities of the Russian Federation and local authorities on bankruptcy issues; an extract from the Unified State Register of Legal Entities and a certificate of the tax authority at the place of state registration of the debtor on making an entry in the Unified State Register of Legal Entities on liquidation of the debtor; analytical and informational materials in relation to the FSUE - bankrupt.

Appendix No. 4. An indicative list of documents and information in relation to JSCs that are in bankruptcy proceedings (bankruptcy dossier - JSC)

Appendix N 4
to the Regulation approved
by order of the Federal Property Management Agency
dated November 16, 2011 N 364

Bankruptcy petition by the debtor or creditor (including the authorized body); recall of the debtor to the bankruptcy petition of the creditor; judicial acts in the bankruptcy case; reports of the bankruptcy commissioner, the register of claims of the debtor's loans, other correspondence with the bankruptcy commissioner; financial analysis of the debtor, conclusions on the presence of signs of deliberate or fictitious bankruptcy; minutes of the general meeting of shareholders, meetings of the board of directors on issues related to the conduct of bankruptcy procedures; accounting statements (form No. 1, 2), conclusions of the audit commission and / or the auditor for the last three financial years preceding the initiation of bankruptcy proceedings; information about the debtor's property not included in the bankruptcy estate (including those withdrawn from circulation); minutes of the creditors 'meeting and the creditors' committee (if any); financial recovery plan, external management plan, regulations on the procedure, conditions and terms for the sale of the debtor's property, amicable agreement or draft documents proposed for approval; reports of an independent appraiser on the assessment of the market value of the debtor's property and the conclusions of the state financial control body presented on them; publications on auctions for the sale of the debtor's property; contracts for the sale and purchase of the debtor's property, concluded as a result of the auction, and direct contracts for the sale and purchase of the debtor's property; correspondence of the Territorial Administration with the Federal Property Management Agency, federal executive authorities, authorities of the constituent entities of the Russian Federation and local authorities on bankruptcy issues; an extract from the Unified State Register of Legal Entities and a certificate of the tax authority at the place of state registration of the debtor on making an entry in the Unified State Register of Legal Entities on liquidation of the debtor; analytical and informational materials in relation to a bankrupt JSC.

Appendix N 2. Information on the bankruptcy procedure of JSC

Name
OJSC

Yuridi
cic address

Share of the Russian Federation in the authorized capital

N bankruptcy cases
the state

Tecu-
promoting
zedura

Rec-
court visits
the new act of introduction
denying appropriate
standing
cabbage soup

Approval
the given period of
cedures

FULL NAME. arbiter
good manager
the one who has the most
new SRO

Name
the applicant's request, the amount required
the applicant's

The total amount required
in the register, rub. (lastly
new reporting date)

Amount required
taxation
organs

Balan-
owl cost im-
society (lastly
new reporting date)

FULL NAME. co-
Nika TU Rosimu-
society - represent
owner's own
nickname of property

Example-
desire

If-
number of shares

process
fools

in the ban case
meekness

Information about the bankruptcy procedure of the Federal State Unitary Enterprise

Name
new Federal State Unitary Enterprise

Yuri-
venison
cue address

N bank cases
mouth-
the state

Tecu-
promoting
price
stupid

Requie-
sits of fate
the new act on the
nii correspondence
vetst-
the current process
fools

Approval
the given period of
cedures

FULL NAME. arbiter
good manager
I love
most
new SRO

Name
new announcement
body, the amount required
statements of the
body

The total amount required
in the registry (in the last
nude report-
new date)

Amount required
taxation
organs

Balan-
owl cost-
bridge imu-
society (lastly
new reporting date)

FULL NAME. employee of TU Ros-
property - pre-
proprietor
nickname of property in the case of a ban
meekness

Example-
desire

Regulatory documents

The rules of procedure for bankruptcy of enterprises in Russia, including state unitary enterprises, are established by the Civil Code of the Russian Federation (Article 65), together with other federal legislation governing the specifics of conducting legal activities in relation to a subject.

The first relevant regulatory act was the Law of the Russian Federation No. 3929-1 of November 19, 1992 "On insolvency (bankruptcy) of enterprises", which became invalid since the entry into force of the Law No. 6-FZ of January 8, 1998 "On insolvency (bankruptcy)" ... Later, Federal Law No. 122-FZ of 24.06.1999 “On the Peculiarities of Insolvency (Bankruptcy) of Natural Monopolies in the Fuel and Energy Complex” was signed, defining the debtor as an organization of the fuel and energy complex or a subject of natural monopolies. From January 1, 2005, the mentioned document is considered invalid.
Currently, the fundamental normative act is the current Federal Law No. 127-FZ of October 26, 2002 "On Insolvency (Bankruptcy)", which officially entered into force on December 3, 2002.

Causes, signs, initiators

Under the new (current) Law, the initiation of the GUP bankruptcy procedure has become more complicated:

the established debt minimum, which is the basis for filing an application to the court to declare the debtor insolvent, was increased to 100 thousand rubles;
terms of appeal to the arbitration court legally arise:

from the bankruptcy - the creditor after 30 days from the moment of sending (presentation for execution) to the bailiffs service of the court order and its copy to the debtor;
from the authorized body - upon the expiration of 30 days after the date of the decision to recover the established debt from the debtor at the expense of the property.

Thus, filing an application for initiating the procedure for declaring an enterprise bankrupt is possible only if the applicant (creditor, authorized body, head of the State Unitary Enterprise) has a document on the existing debt for monetary obligations and (or) mandatory payments. The fact of the debt must be confirmed by the arbitration court. You also need documents confirming the procedure for enforcement proceedings in relation to a state unitary enterprise.
The obligatory availability of a judicial act for the applicant indicating the size and composition of the accounts payable, which is subsequently included in the register of loans, removes the bankruptcy administrator from liability, but adds work to the courts in relation to enterprises with a wide supplier base and (or) often resorting to barter schemes, in as a result of which a large number of small accounts payable was formed.

The legislative bankruptcy of the SUE provides for the owner of the property to influence the course of the insolvency procedure: to submit a petition for the introduction of financial rehabilitation (when providing guarantees for the repayment of accounts payable), or at any time to satisfy the claims of creditors in order to terminate the proceedings.

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