Post-release from the "Bankruptcy-2022" conference
The Russian government has announced a six-month moratorium on bankruptcy for citizens and businesses as support measures.
Karina Sidorova, Head of Crisis Management and Bankruptcy Practice of the Duvernoix Legal Law Firm, continued the topic of subsidiary debtors. In 2021, the supreme courts expanded the rights of beneficiaries, giving them the right to challenge the inclusion in the register of creditors' claims and the actions of the insolvency officer.
The Constitutional Court of the Russian Federation, having expanded the rights of persons controlling the debtor, in fact, did not address the issue of the term restoration. "This issue is left to the courts of appeal and cassation instances," Karina Sidorova clarifies. "At the same time, there is no unanimity in the courts about whether the term shall be counted from the moment of acceptance of application for subsidiary liability or from the date of the ruling of the Constitutional Court of the Russian Federation."