Overtaken by Federal Law N 127-FZ RUSSIAN FEDERATION FEDERAL LAW On insolvency (bankruptcy) Adopted by the State Duma on 10 December 1997 December 1997 (In the wording of federal law 21.03.2002) N 31-FZ; of 25.04.2002 N 41-FZ) H L A B A GENERAL PROVISIONS C and I am 1. The relationships governed by this Federal Law 1. In accordance with the [ [ Civil Code of the Russian Federation]], this federal law establishes the grounds for the debtor's recognition to be untenable (bankrupt) or insolvency (bankruptcy) by the debtor, governs the manner and conditions for the implementation of insolvency (bankruptcy) prevention, external management and insolvency proceedings and other relations, arising from the debtor's inability to satisfy Volume of creditor claims. 2. This Federal Act applies to all legal entities that are commercial organizations (excluding government enterprises), non-profit organizations operating in the form of a consumer cooperative, charitable or charitable organizations. of the fund. 3. To the relationship of the insolvency (bankruptcy) of credit organizations, this Federal Law applies to the peculiarities of federal law insolvency (bankruptcy) of credit organizations. 4. The relationship of insolvency (bankruptcy) of citizens, including those registered as individual entrepreneurs, is governed by this Federal Law. The rules governing the insolvency (bankruptcy) of citizens, including those registered as individual entrepreneurs, as contained in other federal laws, may only be applied once the relevant changes have been made and of the appendix to this Federal Act. 5. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Act, the rules of the international treaty of the Russian Federation shall apply. 6. The provisions of this Federal Law shall apply to the relations governed by this Federal Law with the participation of foreign persons as creditors, unless otherwise provided in an international treaty to which the Russian Federation is a party. 7. The decisions of foreign courts in insolvency (bankruptcy) are recognized on the territory of the Russian Federation in accordance with the international treaties of the Russian Federation. " In the absence of international treaties of the Russian Federation, the decisions of foreign courts in insolvency (bankruptcy) cases are recognized on the territory of the Russian Federation at the beginning of reciprocity, unless otherwise provided for by the Russian Federation. Federal law. C and I 2. The basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: insolvency (bankruptcy)- A recognized debtor's inability to comply fully with the obligations of creditors and (or) discharge an obligation to pay the mandatory payments (bankruptcy); debtor is a citizen, including an individual entrepreneor, or A legal entity unable to satisfy the creditors ' claims on monetary obligations and (or) discharge an obligation to pay the mandatory payments within the period prescribed by this Federal Law; -Obligation of the debtor to pay the creditor a certain amount of money under the civil contract and on other grounds provided for in the Civil Code of the Russian Federation); mandatory payments-taxes, fees and other mandatory contributions to the budget of the appropriate level and to extra-budgetary funds in the order and under the conditions that are determined by the legislation of the Russian Federation; Single executive body of a legal entity, as well as other persons exercising, in accordance with federal laws, activities on behalf of a legal person without a power of attorney; with the exception of the persons to whom the debtor is responsible for Causing harm to the life and health as well as the founder (s) of the debtor-the legal entity of the obligations arising out of such participation; pretrial sanitation-measures to restore the solvency of the debtor owner of the property of the debtor-the unitary enterprise, the founders (parties) of the debtor-the legal entity, creditors of the debtor and other persons to prevent the insolvency; Debtor from the time of adoption by the arbitral tribunal of a declaration of recognition of the debtor bankrupt until the time determined by this Federal Law to secure the property of the debtor and conduct an analysis of the debtor's financial condition; external management (bailout)-procedure Bankruptcy of the debtor in order to restore its solvency, transfer of authority over the debtor to an external manager; insolvency proceeding-bankruptcy procedure applicable to the debtor In bankruptcy, in order to satisfy the creditors ' claims in a proportionate way; The arbitration manager (interim manager, external manager, insolvency representative) is a person appointed by the arbitral tribunal to conduct bankruptcy proceedings and exercise other powers established by this Federal By law; interim manager-a person appointed by the arbitral tribunal to observe, safeguard the property of the debtor and other powers established by this Federal Law; external Manager-a person appointed by the arbitral tribunal to conduct an external of the administration and exercise of other powers established by this Federal Law; insolvency representative-person appointed by the arbitral tribunal to conduct a competitive process and exercise other powers established by the arbitral tribunal this Federal Law; moratorium: stay of the debtor's liabilities and payment of mandatory payments; representative of the debtor's employees-the person authorized by the debtor's employees to represent them The interests of the insolvency proceedings. C but I am 3. Signs of bankruptcy 1. A citizen is considered to be unable to satisfy the creditors ' claims on monetary obligations and (or) to fulfil the obligation to pay the mandatory payments, if the obligation and/or obligation are not fulfilled within three months from The date on which they were executed and the amount of its liabilities exceeded the value of its property. 2. A legal entity is considered to be unable to satisfy the creditors ' claims on monetary obligations and (or) to fulfil the obligation to pay if the obligations and/or obligations are not performed by them within three years months from the date on which they were executed. 3. The provisions referred to in paragraphs 1 and 2 of this article shall apply unless otherwise specified by this Federal Law. C t I am 4. Composition and size of cash obligations and mandatory payments 1. The composition and size of the monetary obligations and mandatory payments shall be determined at the time the debtor is declared bankrupt unless otherwise provided by this Federal Act. 2. In order to determine the existence of a debtor's bankruptcy, the amount of the liabilities, including the amount of the debt for the goods transferred, the work performed and the services rendered, the amount of the loan taking into account the interest payable, is taken into account. the debtor, with the exception of the obligations to the citizens to whom the debtor is responsible for causing harm to life and health, obligations to pay the author's remuneration, as well as obligations to the founders (s) of the debtor- the legal person derived from such participation. The payment for non-performance or improper performance of a liquidated obligation (fines, penalties) is not taken into account in the determination of the amount of the liability. 3. In order to determine the existence of signs of bankruptcy of the debtor, account is taken of the amount of mandatory payments excluding the fines (penalties) and other financial (economic) sanctions imposed by the legislation of the Russian Federation. 4. The amount of the liability for claims of creditors is deemed to be established if it is confirmed by a court decision that has entered into force or documents showing that the debtor has been recognized by the debtor and, in other cases, as provided by this Federal Act. 5. In cases where the debtor disputes the creditors ' claims, the amount of the monetary obligations and (or) mandatory payments shall be determined by the arbitral tribunal in the manner provided for in article 63 of this Federal Law. C but I am 5. Bankruptcy cases 1. Bankruptcy cases are dealt with by the arbitral tribunal. 2. Bankruptcy proceedings may be instituted by the arbitral tribunal, if the claims against the debtor are not less than five hundred and are not less than a hundred minimum wage, unless otherwise provided for by the debtor. A true federal law. C t I am 6. Right of recourse to the arbitral tribunal 1. The debtor, the creditor and the public prosecutor have the right of recourse to the arbitral tribunal for the debtor's failure to comply with the monetary obligations. 2. The debtor, the public prosecutor, the public prosecutor, the tax authorities and other authorized bodies in accordance with the federal law shall have the right of recourse to the arbitral tribunal for the debtor's failure to pay mandatory payments (hereinafter referred to as other authorized bodies). 3. The declaration of recognition of the debtor may be filed with the arbitral tribunal and other persons in the cases provided for by this Federal Law. C t I am 7. The debtor 1. The debtor is referred to the arbitral tribunal by a debtor's declaration of the debtor's recognition of the debtor (hereinafter referred to as the debtor) by a decision of the authority authorized in accordance with the debtor's constituent instruments for adoption a decision on the liquidation of the debtor or a decision of the body authorized by the owner of the property of the debtor-a unitary enterprise, unless otherwise provided by this Federal Act. 2. The debtor has the right to appeal to the arbitral tribunal with a declaration by the debtor in the bankruptcy court if there is evidence that it will not be in a position to fulfil the monetary obligations and (or) the obligation to pay of mandatory payments within the prescribed time limit. 3. A debtor's application may be filed by the debtor in the arbitral tribunal, if there is a debtor's property sufficient to cover the costs of the proceedings, unless otherwise provided by this Federal Act. C but I am 8. Duty to apply the debtor to arbitral tribunal 1. The debtor or individual entrepreneinator is obliged to apply to the arbitral tribunal in cases: where the satisfaction of the claims of one creditor or several creditors results in the impossibility of performance the debtor's liabilities in full before other creditors; , when the debtor's authority, in accordance with the debtor's constituent instruments for the liquidation of the debtor, made a decision on the treatment of The arbitral tribunal, with the debtor's application; when the body, The authorized owner of the property of the debtor-a unitary enterprise, it is decided to apply to the arbitral tribunal with a declaration of the debtor; in other cases provided for by this Federal Law. In the cases provided for in this paragraph, the debtor's application shall be submitted by the debtor to the arbitral tribunal, irrespective of the existence of the circumstances provided for in article 7, paragraph 3, of this Federal Act. 2. The debtor's head, the liquidating commission (liquidator) is obliged to apply to the arbitral tribunal with a declaration of the debtor if, in the liquidation of the legal person, it is impossible to satisfy the creditors ' claims in full. 3. The debtor's application must be referred to the arbitral tribunal in the cases provided for in this article, no later than one month after the occurrence of the relevant circumstances. C t I am 9. Liability of the head of the debtor for failure to comply with the debtor's application to the arbitration 1. The debtor's failure to make a declaration in cases and the time required by article 8 of this Federal Act is subject to subsidiary liability of the head of the debtor, members of the liquidation commission (liquidator) on the obligations of the debtor. The debtor has an obligation to creditors arising after the expiry of the period provided for in article 8, paragraph 3, of this Federal Act. 2. The head of the debtor, members of the liquidation commission (liquidator), who have violated the requirements of article 8 of this Federal Law, may be deprived of the right to hold executive positions and (or) to carry out business activities in accordance with the law of the Republic of Korea. Management of legal entities (disqualified) for the period and in the manner prescribed by the federal law. 3. In cases established by federal law, the head of the debtor-a natural person, as well as an individual entrepreneor, may be prosecuted. C t I am 10. A fictitious bankruptcy and a deliberate bankruptcy 1. If the debtor's application is brought before the arbitral tribunal, where the debtor is able to satisfy the creditors ' claims in full (fictitious bankruptcy), the debtor who has filed the claim is liable to the creditors The damage caused by the application. 2. In the case of bankruptcy of the debtor by its founders (participants) or other persons, including the fault of the head of the debtor, who have the right to give orders binding on the debtor or otherwise determine its actions (deliberate bankruptcy), on the founder (s) of the debtor, a legal person or other persons, in case of insufficient property of the debtor, may be given subsidiary liability in respect of its obligations. 3. In cases provided for by federal law, the head of the debtor may be prosecuted and (or) disqualified. C t I am 11. Monetary liability creditors 1. Creditors of monetary obligations (hereinafter-creditors) are Russian and foreign natural and legal persons, as well as the Russian Federation, the constituent entities of the Russian Federation and municipal entities. 2. The right to apply for a creditor's recognition of the debtor is bankrupt (hereinafter referred to as the creditor application) by persons recognized under this Federal Act by insolvency creditors. The right to submit an application by a creditor to the arbitral tribunal on behalf of the Russian Federation, the constituent entity of the Russian Federation and municipal education shall be vested in the competent State and local authorities. 3. The rules on creditors shall apply to tax and other authorized bodies, unless otherwise provided by this Federal Act. 4. In bankruptcy proceedings, the interests of all creditors are represented by a meeting of creditors and a creditor committee formed in accordance with this Federal Act. Since the arbitral tribunal has been in the process of making a declaration that the debtor has been declared bankrupt, creditors are not entitled to address the debtor in order to meet their claims individually. All actions against the debtor on behalf of creditors are performed by a meeting of creditors and a creditor committee. C t I am 12. Collection of Creditors 1. Participants in a meeting of creditors with voting rights are the insolvency representatives, and in the cases provided for by this Federal Law, tax and other authorized bodies are part of the mandatory payment requirements. A representative of the debtor's employees participates in a meeting of creditors. The organization and holding of a meeting of creditors shall be performed by an arbitral tribunal. 2. The powers of the creditor assembly are: 1) to decide on the introduction and extension of the external management and to apply to the arbitral tribunal; 2) to decide on the conclusion of a settlement agreement; 3) the decision to apply to the arbitral tribunal for the recognition of the debtor bankrupt and the commencement of the insolvency proceedings; 4) to decide on the election of the members of the creditor committee, the definition of the quantity the composition of the creditor committee and early termination of the committee (a) (c), (c), (c), (c), (c), (c) and (e). 3. A competitive creditor, and in the cases provided for by this Federal Law, in respect of mandatory payment requirements, tax and other authorized bodies shall have a number of votes at the meeting of creditors proportional to the amount of claims A creditor, a tax or other authorized body to the debtor of the monetary obligations and (or) mandatory payments recognized under this Federal Act as established on the date of the meeting of creditors. 4. Unless otherwise provided for by this Federal Law, the creditors 'meeting is entitled, regardless of the number of votes of the insolvency creditors, provided that the time and place of the creditors' meeting was held by the creditors have been duly notified. C t I am 13. How to convene a meeting of creditors 1. The creditors ' meeting is convened at the initiative of the insolvency representative, the creditor committee, the insolvency representative and the (or) tax and other authorized bodies whose claims are required by the monetary liabilities and/or obligatory payments represent at least one third of the total of claims made to the registry of creditors, or at the initiative of one third of the number of insolvency creditors. 2. The creditors ' meeting at the request of the creditor committee or the insolvency representative shall be convened by the arbitral tribunal within two weeks from the time the creditor committee or the insolvency representative requests the arbitration award. The manager. 3. A meeting of creditors is held at the debtor's location, unless otherwise fixed by a meeting of creditors or a creditor committee. C and I am 14. { \field { \field { \field { \field { \field { \field { \field The decisions of the meeting of creditors on questions put to the vote shall be taken by a majority of the votes of the insolvency representatives present at the meeting of creditors, unless otherwise provided by this Federal Act. 2. By a majority of the total number of votes of the insolvency creditors, the following decisions are made by the collection of creditors: The introduction and extension of the external administration or an application to the arbitral tribunal with a request for recognition of the debtor bankruptcy and commencement of insolvency proceedings; on the appeal to the arbitral tribunal for the dismissal of the arbitrator. 3. In the event that a meeting of creditors convened to deal with the matters referred to in paragraph 2 of this article does not provide the number of creditors necessary for the decisions to be taken, a second meeting of creditors shall be convened; which has the authority to make such decisions by a majority vote of the insolvency creditors present at the meeting, provided that the time and place of the collection of creditors are duly notified. C t I am 15. Register of creditor claims 1. The creditor claims registry is maintained by an arbitral tribunal. 2. The register of creditor claims shall indicate the particulars of each creditor, the amount of its obligations under the monetary obligations and (or) the mandatory payments, the order of approval of each claim. 3. Disputes arising between insolvency creditors, tax and other authorized bodies and arbitration managers, on the composition, size and priority of claims for monetary obligations and (or) mandatory payments shall be considered by the arbitral tribunal in the manner provided for by this Federal Law. 4. Disputes arising between the representative of the debtor's employees and the arbitral tribunal, the composition and the amount of the claims for payment of work and the payment of termination benefits to persons working under contracts of employment (contracts) shall be considered by the arbitral tribunal in the manner provided for by this Federal Law. C t I am 16. Creditor committee 1. The creditor committee represents the interests of the insolvency representatives and controls the actions of the external manager and the insolvency representative in the manner provided for by this Federal Law. 2. If the number of insolvency creditors is less than fifty, the decision of the meeting of creditors may include the imposition of the creditor committee's functions at the creditors ' meeting. 3. A creditor committee to exercise its functions to the right: Require an external manager to provide information about the financial condition of the debtor and the progress of external management; Control of providing information on the progress of the insolvency proceedings; to appeal to the arbitral tribunal the actions of the external manager and the insolvency administrator in the cases provided for by this Federal Law. 4. The creditor committee may include insolvency representatives in the number determined by the collection of creditors, but not more than eleven persons. 5. Decisions of the creditor committee shall be taken by a majority of the total number of members of the creditor committee. C but I am 17. Election of the creditor committee 1. Members of the creditor committee are elected by a meeting of creditors for the period of external management and competitive proceedings. By decision of a meeting of creditors, the powers of all members of the creditor committee may be terminated ahead of schedule. Such a decision can only be taken against all members of the creditor committee. 2. The election of a creditor committee shall be a cumulative vote. The creditor's demand for monetary obligations and (or) the mandatory payment of ten minimum wages gives the creditor the right to vote equal to the number of members of the creditor committee, unless otherwise established by a decision of a meeting of creditors. The creditor has the right to vote for one candidate or to distribute them among several candidates to the creditors committee. The candidates who obtain the largest number of votes shall be elected to the creditor committee. 3. Members of the creditor committee may elect the chairman of the creditor committee. If the creditor committee has more than five members, the chairman of the creditor committee is elected. C but I am 18. Interested persons 1. The debtor is recognized as: a legal person who is a parent or a subsidiary of the debtor in accordance with the civil law of the Russian Federation; Debtor's board of directors (supervisory board) of the debtor, a collegiating executive body of the debtor, the debtor's chief accountant (accountant), including those relieved of his duties within one year of the time The commencement of insolvency proceedings. The persons concerned with the debtor are also persons with the persons listed in this paragraph in the relationship defined in paragraph 2 of this article. 2. For the purposes of this Federal Act, the persons concerned in respect of a citizen are understood to be his spouse, relatives in direct ascending and descending lines, sisters, brothers and their descendants, sisters and brothers, sisters and brothers spouse. 3. In the cases provided for by this Federal Law, the persons concerned with respect to the arbitral tribunal shall be determined in the manner provided for in paragraphs 1 and 2 of this article. C I am 19. Arbitration managers 1. Unless otherwise provided by this Federal Act, the arbitral tribunal (interim manager, external manager, insolvency representative) may be appointed by the arbitral tribunal to a natural person registered as an individual A businessman with specialized knowledge and not a stakeholder in relation to the debtor and creditors. 2. The arbitration managers shall act on the basis of the licence of an arbitral manager issued by the Russian Federation's bankruptcy and financial health authority (hereinafter referred to as the State bankruptcy authority and the State authority for bankruptcy proceedings). In accordance with the procedure established by the federal law and other legal acts of the Russian Federation, if not otherwise provided for by this Federal Act. A review in accordance with the federal law of the licence of the arbitral tribunal during the period of the exercise of its jurisdiction is the basis for the arbitral tribunal's decision to exclude the arbitral tribunal from execution of their duties. 3. The arbitral managers may not be appointed: Persons who had previously been in the administration of the debtor-the legal person, except in cases where the debtor was not managed from the moment of his or her removal from the administration of the debtor; Three years; persons for whom there are restrictions on the administration of affairs and (or) property of other persons (disqualified persons); persons with a criminal record. 4. A person who has obtained the licence of an arbitral tribunal shall be required to register at least one of the arbitral tribunals for which it undertakes to perform the duties of an arbitral tribunal. The arbitration manager notifies the public authority for bankruptcy and financial recovery. C t I am 20. Rights and obligations of arbitration managers 1. The arbitral tribunal shall have the right: to call a meeting of creditors and the creditor committee; to resort to the arbitral tribunal in the cases provided for by this Federal Law; to receive remuneration in the amount and The procedures provided for by this Federal Law; to involve in order to ensure the exercise of their powers on a contractual basis by other persons with payment of their activities from the debtor's funds, unless otherwise established by the present Protocol. Federal law or agreement with creditors; The arbitral tribunal shall apply for an early termination of its duties. 2. The arbitration manager is obliged: to take measures to protect the debtor's property; analyse the debtor's financial state; to analyse the debtor's financial, economic and investment activities, the situation in commodity markets; to consider the claims of creditors; to perform other functions established by this Federal Law. 3. In exercising its rights and obligations, the arbitral tribunal shall act in good faith and reasonably, taking into account the interests of the debtor and its creditors. C t I am 21. Liability of the arbitration manager 1. The failure or improper performance of the obligations imposed on the arbitral tribunal under this Federal Act, which caused a loss to the debtor or creditors, may be the basis for revocation of the licence the arbitration manager. Other grounds for withdrawing the licence of an arbitral tribunal may be established by a federal law. The decision of the State bankruptcy and financial rehabilitation authority to revoke the licence of the arbitral tribunal may be appealed to the arbitral tribunal. 2. Failure to perform or improperly perform the duties entrusted to an arbitral tribunal under this Federal Act shall, in the absence of the effects provided for in paragraph 1 of this article, serve as a basis for The arbitral tribunal shall be suspended by an arbitral tribunal from the performance of its duties. 3. The debtor and its creditors are entitled to seek compensation from the arbitral tribunal for damages caused by the acts (omissions) of the arbitral tribunal which violate the law of the Russian Federation. C and I am 22. Remuneration of the arbitral manager 1. The remuneration of the arbitral manager for each month of the exercise of its powers shall be fixed at the amount determined by the collection of creditors and (or) approved by the arbitral tribunal, unless otherwise established by this Federal Law. Federal laws and other legal acts of the Russian Federation, or in the manner in which they are established, may establish the maximum and minimum remuneration of the arbitrators. " The procedure for the payment of remuneration to the arbitration managers shall be determined by the legal acts of the Russian Federation or in the manner prescribed by them. 2. In the cases provided for by federal laws and other legal acts of the Russian Federation, the arbitral tribunal shall be entitled to an additional remuneration resulting from its activities. 3. Unless otherwise provided in this Federal Act or by an agreement with creditors, the remuneration of the persons attracted by the arbitral tribunal to ensure its operation is paid out of the property of the debtor. 4. The arbitral tribunal shall be entitled to conclude a contract with a specialized fund at the State bankruptcy and financial rehabilitation authority to guarantee the receipt of the minimum remuneration package established by the arbitral tribunal in accordance with this Federal Act. The conditions and procedure for the conclusion of the said contract shall be established by the public authority for bankruptcy and financial rehabilitation. C and I am 23. Bankruptcy Procedures 1. The bankruptcy proceedings of the debtor of the legal person are subject to the following bankruptcy procedures: surveillance; external management; insolvency proceedings; settlement agreement Other bankruptcy procedures provided for by this Federal Law. 2. When dealing with the bankruptcy of the debtor-a citizen, the following bankruptcy procedures are applied: insolvency proceedings; settlement agreement; other bankruptcy procedures provided for by this Federal by law. C but I am 24. The declaration of bankruptcy If there is no objection by creditors, the debtor may declare bankruptcy and voluntary liquidation in the manner provided for by this Federal Law. C and I am 25. The State Bankruptcy Authority and Financial Recovery 1. The State bankruptcy and financial institution is implementing state bankruptcy prevention policies and ensuring the conditions for bankruptcy proceedings under this federal law. I'm healing. 2. The Public Authority for Bankruptcy and Financial Recovery: approves the requirements for physical persons acting as arbitration managers; conducts licensing of citizens ' activities in The quality of the arbitration managers and the revocation of the arbitration managers ' licences; organizes the award scheme; provides the bankruptcy proceedings of the absent debtor; contributes to the creation of organizational, economic, and Other conditions necessary to implement bankruptcy procedures; records and analyses the capacity to pay of large and economically or socially significant organizations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION bankruptcies; issues within its competence by this Federal Law, mandatory clarifications on the implementation of bankruptcy procedures; exercises other powers granted to it by this Federal Act, other federal laws and legal acts of the Russian Federation. THE RUSSIAN FEDERATION 3. The State bankruptcy and financial rehabilitation authority forms the territorial authorities, whose powers are established within the competence of the public authority for bankruptcy and financial rehabilitation. 4. The Public Authority for Bankruptcy and Financial Recovery is entitled to implement the provisions of this Federal Act on bankruptcy proceedings in respect of the debtor, as well as for the creation of additional funds. Guarantee of the activities of the arbitral managers to establish a specialized fund. The Regulations on the Specialized Fund under the Public Authority for Bankruptcy and Financial Recovery are approved by the Government of the Russian Federation. L A A II. BANKRATION ' S WARNING: I am 26. The bankruptcy prevention measures organizations 1. The Constituents (participants) of the debtor, the legal entity, the owner of the property of the debtor-the unitary enterprise, the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the local authorities To take timely measures to prevent the organization's bankruptcy. 2. In order to prevent the organization of the debtor's organizations (participants), the legal person, the owner of the property of the debtor-the unitary enterprise, until the application for recognition of the bankruptcy of the debtor is filed with the arbitral tribunal, that are aimed at the financial recovery of the debtor. Measures aimed at financial recovery of the debtor may be taken by creditors or other persons on the basis of an agreement with the debtor. 3. It is not permitted to publish or disclose in any other manner information about the debtor's bankruptcy until the time of publication of the decision of the arbitral tribunal that the debtor has been declared bankrupt. Persons who violate this requirement shall be liable under federal law. C t I am 27. Pre-trial sanitation 1. The property of the debtor-the unitary enterprise, the founders (parties) of the debtor-the legal entity, the creditors of the debtor-the legal entity, and other persons in the framework of insolvency measures may be granted to the debtor Financial assistance in the amount of sufficient to settle monetary obligations and mandatory payments and to restore the solvency of the debtor (pretrial mediation). 2. The provision of financial assistance may be accompanied by the obligation of the debtor or other persons to benefit from financial assistance. 3. Conditions of pre-trial management are established by the federal budget law for the corresponding year and federal laws on the budgets of state extra-budgetary funds. Funds for the corresponding year. 4. The state authorities of the constituent entities of the Russian Federation and local bodies of the Russian Federation establish the conditions for pre-trial management at the expense of the budgets of the constituent entities of the Russian Federation, local budgets and related extra-budgetary funds. self-government in accordance with federal and other laws. G L A V A III. THE DELIBERATIONS OF THE BANK OF THE ARBITRATION VESSEL ' S ARBITRATE { \cs6\f1\cf6\lang1024 " } { \cs6\f1\cf6\lang1024 } t { \cs6\f1\cf6\lang1024 } Bankruptcy proceedings 1. Cases of bankruptcy of legal persons and citizens, including those registered as sole proprio moans, are considered by the arbitral tribunal according to the rules provided for in Arbitration Code of the Russian Federation, with the features of this Federal Law. 2. The peculiarities of bankruptcy proceedings set out in this chapter shall apply unless otherwise provided by other chapters of this Federal Act. C t I am 29. The jurisdiction and jurisdiction of the bankruptcy 1. Cases of bankruptcy of legal persons and citizens, including individual entrepreneurs, are considered by the arbitral tribunal at the location of the debtor, the legal person and the place of residence of the citizen. 2. The declaration of recognition of the debtor by the arbitral tribunal shall be made by the arbitral tribunal if the claims against the debtor are not less than five hundred and, to the debtor, not less than the minimum of the minimum wage and specified The requirements are not extinguished within three months unless otherwise provided by this Federal Act. 3. The bankruptcy case could not be referred to the arbitral tribunal. C I am 30. Bankruptcy persons Persons participating in the bankruptcy case are: debtor; arbitration manager; insolvency creditors; tax and other commissioners Mandatory payments authorities; prosecutor in the case of bankruptcy proceedings on his application; public bankruptcy and financial recuperation authority in the cases provided for by the present By the Federal Law; others in cases envisaged A true federal law. C I am 31. Persons participating in the bankruptcy proceedings bankruptcy arbitration proceedings are: representative of the debtor's employees; representative of the owner of the property The debtor is a unitary enterprise; other persons in the cases provided for by the Code of Arbitration Procedure of the Russian Federation and the present Federal law. C t I am 32. The grounds for initiating proceedings in the case of bankruptcy 1. Bankruptcy proceedings are initiated by the arbitral tribunal on the basis of a declaration that the debtor is bankrupt, filed by a person entitled to appeal to the arbitral tribunal in accordance with article 6 of this Federal Law. 2. The declaration of recognition of the debtor by bankruptcy in connection with its failure to pay mandatory payments may be filed with the arbitral tribunal by the tax and other authorized body, including the Pension Fund of the Russian Federation, the Federal Government OF THE PRESIDENT OF THE RUSSIAN FEDERATION C I am 33. Debtor's statement 1. The debtor's application is filed with the arbitral tribunal in writing. The declaration shall be signed by the head of the debtor, the legal person or the person acting in its stead, or by the debtor of the debtor, respectively. 2. The debtor's application must specify: The name of the arbitral tribunal to which the application is filed; the sum of the creditors ' claims in a dimension not contested by the debtor; amount of damages due to life and health, remuneration and termination payments to employees of the debtor, amount of remuneration payable under the copyright; Mandatory payments; justification of inability to satisfy claims of creditors in full; details of the courts of general jurisdiction, arbitral tribunals, arbitral tribunals ' claims against the debtor as well as on executive and other documents issued against Undisputed (becaced) write-off; details of assets available to the debtor, including cash and receivables; account number of the debtor in banks and other credit organizations, postal addresses banks and other credit organizations; details of the debtor's possession A property sufficient to cover bankruptcy court costs; list of attached documents. The statement of the debtor indicates the other information necessary for the proper authorization of the bankruptcy case and may also contain the petitions of the debtor. 3. The debtor-citizen's application also indicates details of the obligations of the debtor that are not related to the business. 4. The debtor is required to send copies of the debtor's application to creditors and other persons involved in the bankruptcy case. C t I am 34. Documents attached to the debtor's statement 1. In addition to the documents provided for by the Code of Arbitration of the Russian Federation, the debtor's application is accompanied by documents confirming: the existence of a debt and the debtor's inability to satisfy the creditors ' claims in full; other circumstances on which the debtor's application is based. 2. The debtor's application is also enclosed: list of creditors and debtors of the claimant with the decryption of accounts payable and receivables and an indication of the postal addresses of the applicant's creditors and debtors; the last reporting date or substitute documents, documents on the composition and value of the debtor's property; on the debtor's application to the arbitral tribunal with the debtor's application the exception of cases where, under this Federal Act, the same treatment is mandatory; the protocol of the debtor's employees ' meeting, in which a representative of the debtor's employees is elected to participate in the arbitration proceedings. Bankruptcy proceedings if the meeting took place prior to the submission of the debtor's application. C I am 35. Creditor Statement 1. The creditor application is filed with the arbitral tribunal in writing. A statement by a creditor, a legal person, is signed by his or her supervisor or representative, and the application of the creditor by the creditor is a citizen or his or her representative. 2. The creditor application must specify: The name of the arbitral tribunal to which the creditor application is filed; the name (surname, name, patronymic) of the debtor and its postal address; name, name, The creditor's patronymic and postal address; the size of the creditor's claims to the debtor stating the amount of interest payable and the penalties (fines, penalties); obligation of the debtor to the creditor to which it originated a requirement, as well as the period of its performance; evidence The reasonableness of the creditor's claims, including the court's decision that has entered into force, evidence that the debtor has been recognized by the debtor, the nottary's executive inscription; evidence substantiating the grounds Statements by the creditor; list of documents attached to the creditor application. The creditor's application shall indicate the other information necessary for the proper authorization of the bankruptcy case, and may also contain the application of the creditor. 3. The creditor must send a copy of the creditor's application to the debtor. C and I am 36. Combining creditors ' claims 1. A creditor application may be based on a combined debt for various obligations. 2. Creditors have the right to combine their claims against the debtor and to apply to the court with one creditor application. Such a declaration shall be signed by the creditors who have merged their claims. C t I am 37. Documents attached to the creditor application 1. In addition to the documents provided for in the Code of Arbitration Procedure of the Russian Federation, the creditor application shall be accompanied by documents confirming: the debtor's obligations to the creditor as well as the existence and extent of the debt under these obligations; other circumstances on which the creditor application is based. 2. A creditor application signed by a creditor's representative is also attached to a letter of attorney confirming the authority of the signatory to file such a declaration. 3. The application of the creditor, if available, also includes the following documents: The award of the arbitral tribunal, the court of general jurisdiction or the arbitral tribunal that considered the creditor's claims against the debtor; (the executive sheet, the debtor's payment claims, the executive notice of the notary, and other) or the evidence that the debtor has recognized the creditor's claims. C I am 38. Statement by the creditor-Russian Federation, subject of the Russian Federation, municipal education 1. In cases where the creditor of the money obligations is the Russian Federation, the constituent entity of the Russian Federation, the municipal entity, the creditor's application may be filed with the arbitral tribunal by an authorized State authority or by the local government. 2. The application of the creditor is accompanied by documents for the attribution of the authority to the arbitral tribunal in accordance with the procedure established by law. 3. Statement by the creditor, the Russian Federation, the constituent entity of the Russian Federation, and municipal education shall be submitted to the arbitral tribunal, subject to the requirements of this Federal Law regarding the application of the creditor, if not otherwise is provided by federal law or does not derive from the essence of legal relations. C I am 39. A statement from a sales tax or other authorized body 1. A declaration by a tax or other authorized body to declare the debtor bankrupt should meet the requirements of the creditor application. 2. A statement by a tax or other authorized body on the recognition of the debtor, the legal person, must be accompanied by evidence of measures to be taken to obtain the arrears of mandatory payments in the manner prescribed by the federal law. C t I am 40. A statement by the prosecutor on the debtor's recognition bankrupt 1. The Prosecutor may apply to the arbitral tribunal with a statement by the prosecutor that the debtor has been declared bankrupt: when they are found to be intentionally bankrupt; when the debtor is in arrears on mandatory payments; is in the interest of the creditor on monetary obligations-the Russian Federation, the subject of the Russian Federation, municipal education; in other cases provided for by this Federal Law and other federal laws. 2. A statement by the prosecutor that the debtor has been declared bankrupt shall be submitted to an arbitral tribunal, subject to the requirements of this Federal Act, in respect of a creditor application, unless otherwise provided by a federal law or implied by the merits of the relationship. C I am 41. Accepting a declaration to recognize the debtor bankrupt 1. A judge of the arbitral tribunal is under an obligation to accept the debtor's declaration of bankruptcy filed in accordance with the requirements of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The adoption of a declaration to recognize the debtor by the bankrupt court of the arbitral tribunal shall render a determination not later than three days after the date of receipt of the said application to the arbitral tribunal. 3. In the introduction of the supervision in the determination of the arbitral tribunal to accept the declaration of recognition of the debtor, the insolvent shall indicate the appointment of the interim manager. The definition may also include measures to ensure creditors ' claims. If, in accepting a debtor's declaration of bankruptcy, it is impossible to determine the name of the arbitral tribunal, the arbitral tribunal shall decide on the appointment of the arbitral manager not later than ten days from the date of acceptance. the statement. C t I am 42. Refusal to accept a declaration of recognition of the debtor in bankruptcy The judge of the arbitral tribunal shall refuse to declare the debtor a bankrupt if one of the conditions set out in article 29, paragraph 2, is violated of this Federal Law. C I am 43. The return of the declaration of recognition of the debtor bankrupt 1. An application for recognition of the debtor by a bankrupt, which does not meet the requirements of articles 32 to 40 of this Federal Law, is returned by the arbitral tribunal. 2. In cases where an application to the arbitral tribunal with a debtor's application for the head of the debtor in accordance with this Federal Law is mandatory and the application is not accompanied by the documents provided for in article 34 of the present Federal law, such a declaration is accepted by the arbitral tribunal, and the missing documents are claimed in preparation for bankruptcy proceedings. C I am 44. Measures to ensure creditors ' claims 1. The Arbitration Tribunal is entitled to take measures to secure creditor claims in accordance with the Arbitration Board. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In addition to the measures provided for in the Code of Arbitration of the Russian Federation, the arbitral tribunal may not allow the arbitral tribunal to do so without the consent of the arbitral tribunal. a transaction that is not covered by article 58, paragraph 2, of this Federal Act, obliging the debtor to transfer securities, currency values and other property of the debtor to third parties and take other measures to ensure protect the property of the debtor. 3. At the request of the person participating in the bankruptcy case, or an application by the interim manager containing information on the obstruction of the head of the debtor by the actions of the interim manager, as well as of the commission The debtor is in breach of the rights and interests of the debtor and creditors of the arbitral tribunal. The dismissal of the head of the debtor by the arbitral tribunal shall render a determination which may be appealed, including by the head of the debtor. 4. Measures to secure creditor claims are effective until the external management and the appointment of the external manager, or until the award is made by the arbitral tribunal to declare the debtor bankrupt and open the competition The proceedings and the appointment of the insolvency representative until the arbitration court's approval of the settlement agreement or until the decision of the arbitral tribunal to refuse recognition of the debtor is bankrupt. 5. The arbitral tribunal shall have the right to cancel the measures to ensure creditors ' claims before the circumstances provided for in paragraph 4 of this article. C I am 45. Debtor's acknowledgement of the application for recognition of the debtor in bankruptcy 1. The debtor, within five days from the date of receipt of the determination of the application of the creditor, the statement of the tax or other authorized body to declare the debtor bankrupt or the prosecutor's statement on the debtor's recognition of the bankruptcy The arbitral tribunal, the claimant and other persons involved in the bankruptcy case, the withdrawal of such a declaration, and to notify all creditors not listed in the claim of the institution of bankruptcy proceedings. The withdrawal of the debtor and other persons involved in the bankruptcy case should be accompanied by a copy of the revocation. 2. In addition to the information provided by the Code of Arbitration Procedure of the Russian Federation, the withdrawal of the debtor states: The debtor has an objection to the claimant's claims; total amount of the debtor's obligations to creditors, payment of the debtor's employees, mandatory payments; details of the property in the debtor's possession the number of cash held in bank accounts and Other credit organizations, the number of bank accounts and other credit organizations and postal addresses of banks and other credit organizations; proof of satisfaction of the claimant's claims if they are recognized by the debtor. 3. The lack of revocation of the debtor does not preclude the review of the bankruptcy case. C t I am 46. Preparation of the bankruptcy case to the trial trial 1. Preparation of bankruptcy proceedings is performed by a judge of the arbitral tribunal in the manner provided for by the Russian Federation). 2. If there is an objection by the debtor to creditors, tax and other authorized bodies, the arbitral tribunal shall verify the validity of the debtor's defences. 3. The arbitral tribunal's hearing on the validity of the debtor's objections shall be held within one month of the deadline for the consideration of the bankruptcy case. The arbitral tribunal shall inform the time of the meeting of the debtor, the interim manager and the creditor, the tax office or other authorized body for which the objection is raised. 4. As a result of the consideration of the debtor's defences, the arbitral tribunal shall determine. The definition specifies the size of the claim of a creditor, a tax or other authorized body, in respect of which the debtor's objections are found to be unfounded. The definition is the basis for determining the number of votes owned by the relevant creditor at a meeting of creditors. 5. In order to determine the financial position of the debtor in preparing the bankruptcy case and in bankruptcy proceedings, the arbitral tribunal is entitled to assign expertise, including on its own initiative. C t I am 47. bankruptcy case 1. The bankruptcy case should be heard in a court of arbitration at a time not exceeding three months from the date of receipt of the debtor's declaration of bankruptcy in the arbitral tribunal. 2. Bankruptcy proceedings before the arbitral tribunal may be postponed for a period not exceeding two months. C I am 48. Powers of the arbitral tribunal The arbitral tribunal shall, as a result of the bankruptcy proceedings, accept one of the following acts: the debtor's bankruptcy and the commencement of the insolvency proceedings; decision to refuse recognition of the debtor bankrupt; definition of external management; definition of the termination of insolvency proceedings. C I am 49. The decision to declare the debtor bankrupt and open a competitive process 1. The decision of the arbitral tribunal to declare the debtor bankrupt and to open the insolvency proceedings is taken in cases where the debtor's bankruptcy is established, as provided for in article 3 of this Federal Act, in the absence of grounds for introduction of external management. 2. In the decision of the arbitral tribunal to declare the bankrupt of the debtor-the legal person and the commencement of the insolvency proceeding should include: on the debtor's bankruptcy; on commencement of insolvency proceedings; The appointment of a insolvency representative. 3. The decision of the arbitral tribunal to declare the bankruptcy of the debtor-sole proprio indicates that the debtor's registration of the debtor as an individual entrepreneor is no more effective. 4. The decision of the arbitral tribunal to declare the debtor bankrupt and to open a insolvency proceeding is subject to immediate execution unless otherwise determined by the arbitral tribunal. C I am 50. Publication by the arbitral tribunal of a declaration bankruptcy recognition by the debtor The debtor's bankruptcy is published by the arbitral tribunal which decided to declare the debtor bankrupt and open the competition "The Supreme Court of Arbitration of the Russian Federation" and the official publication of a public authority for bankruptcy and financial rehabilitation at the expense of the property of the debtor, and in the absence of funds from the debtor a creditor who has applied to an arbitral tribunal with a declaration of recognition of the debtor bankrupt. In the same order, a communication should be issued for the annulment of the decision of the arbitral tribunal to declare the debtor bankrupt. C I am 51. The decision of the arbitral tribunal to refuse recognition of the debtor bankrupt 1. The decision of the arbitral tribunal to refuse recognition of the debtor is taken in cases of: no sign of bankruptcy provided for in article 3 of this Federal Law; of creditors pending the decision of the arbitral tribunal in the case of bankruptcy; establishing fictitious bankruptcy; in other cases provided for by this Federal Law. 2. If there is evidence to demonstrate that the debtor has sufficient liquid assets, the arbitral tribunal may, at the debtor's request, defer the bankruptcy proceedings by inviting the debtor to pay the creditors ' claims in A court established by an arbitral tribunal not exceeding the time limit provided for in article 47 of this Federal Act. C and I am 52. Effect of the decision of the arbitral tribunal to refuse recognition of the debtor bankrupt The decision by the arbitral tribunal to refuse recognition of the debtor is a ground for termination The circumstances that are the consequence of the declaration of the debtor's declaration of bankruptcy and (or) the imposition of surveillance. C I am 53. The grounds for the termination of the case of bankruptcy The Arbitral Tribunal shall terminate the bankruptcy proceedings in cases: Recovery of the solvency of the debtor in the course of external management; the conclusion of a settlement agreement. C I am 54. Distribution of costs and expenses of arbitration control 1. All court costs, including the costs of the State fee, which has been deferred or calculated, as well as the costs of remuneration of the arbitral tribunal, are related to the property of the debtor and are recovered from the property outside queue. The Global Agreement may provide for a different distribution of these costs. 2. In the event of a decision by the arbitral tribunal to refuse recognition of the debtor by bankruptcy of the debtor at the time of the commencement of the bankruptcy proceedings, the costs referred to in paragraph 1 of this article shall apply. The creditors who have applied to the arbitral tribunal with the creditor's application and are distributed among them in proportion to their claims. 3. The manner in which the costs and expenses of the arbitral award are allocated to the arbitral tribunal shall be determined in the decision of the arbitral tribunal or in the determination of the arbitral tribunal as a result of the bankruptcy proceedings. C but I am 55. Review of claims of arbitration creditor managers and complaints 1. Statements by arbitration managers, including disputes between them and creditors, as well as claims by creditors of violations of their rights and interests pursuant to the present Federal Act during the course of monitoring, or in the course of a competitive proceeding, shall be considered in a meeting of the arbitral tribunal not later than two weeks from the date of receipt of the said applications and complaints. As a result of the review of these applications and complaints, the arbitral tribunal shall determine. 2. The procedure and time limits set out in paragraph 1 of this article shall deal with the differences between the arbitrator and the representative of the employees of the debtor in the cases provided for in article 15, paragraph 4, of this Federal Act. 3. The definitions of the arbitral tribunal which are not provided for in the Code of Arbitration Procedure of the Russian Federationcan be appealed in cases, as provided by this Federal Act. G L A V A IV. COMPLIANCE C T I am 56. Introduction of observation From the time the arbitral tribunal has accepted the declaration of recognition of the debtor, the observation shall be observed, unless otherwise provided by this Federal Act. C I am 57. Effect of an arbitral tribunal on the acceptance of a declaration of recognition of the debtor in bankruptcy 1. Since the arbitral tribunal has issued a declaration that the debtor has been declared bankrupt: property claims against the debtor may be presented only in respect of the manner in which claims against the debtor are made, By the application of the creditor, proceedings relating to the recovery of monies and other property of the debtor are suspended at the request of the creditor. In this case, the creditor has the right to present its claims against the debtor in the manner prescribed by this Federal Law; suspends execution of enforcement documents with the exception of execution Executive documents issued on the basis of court decisions on the recovery of wage arrears, payment of awards in respect of authors ' contracts, alimony, as well as compensation for damage to life and health, and moral damage, which have entered into force before the date of adoption by the arbitral tribunal of the The debtor's recognition of the debtor is bankrupt; it is prohibited to satisfy the debtor-debtor's claim for a share (s) in the property of the debtor in relation to the withdrawal of the debtor. 2. In order to ensure the operation of the measures referred to in paragraph 1 of this article, the determination of the arbitral tribunal to declare the debtor bankrupt is forwarded to banks and other credit organizations with which the debtor has a contract of the bank account, as well as in the court of general jurisdiction, the main judicial bailiff at the place where the debtor is located, the tax authorities and other authorized bodies. C I am 58. Consequences of introducing surveillance 1. The observation shall not be the basis for the removal of the head of the debtor and other management bodies of the debtor who continue to exercise their powers with the restrictions set forth in paragraphs 2 and 3 of this article. 2. Debtor's control authorities may only agree to a temporary control transaction: related to the transfer of the immovable property to the lease, the pledge, and the introduction of the property as a contribution to the charter (stacking) the capital of economic entities and partnerships or with the disposition of such property in a different manner; related with the disposition of other assets of the debtor with an inventory value of more than 10 per cent of the book value of the assets (c) The debtor; the granting of guarantees, assignment of rights of claims, transfer of debt, and establishment of the fiducial administration of the debtor's property. 3. The debtor's authorities are not entitled to decide: on reorganization (mergers, accession, allocation, allocation, conversion) and liquidation of the debtor; on the establishment of legal entities or on participation in other legal entities; about the creation of branches and representative offices; on the payment of dividends; on the debtor's placement of bonds and other emissive securities; shareholders ' acquisition of previously issued shares. The decision on participation in associations, unions, holding companies, financial and industrial groups and other associations of legal persons may be made by the debtor's authorities with the consent of the interim manager. 4. The arbitral tribunal shall be entitled to remove the head of the debtor from office in the event that the debtor does not take the necessary measures to secure the debtor's property, the interim manager is prevented from exercising it OF THE PRESIDENT OF THE RUSSIAN FEDERATION In such cases, the performance of the duties of the head of the debtor shall be vested in the interim manager. 5. From the moment of the imposition of supervision, the seizure of the debtor's assets and other restrictions by the debtor on the management of the property may be imposed solely as part of the bankruptcy proceedings. C I am 59. Temporary Control 1. The interim manager shall be appointed by the arbitral tribunal from among the candidates nominated by the creditors and, in the absence of such proposals, from among those registered with the arbitral tribunal as arbitral managers. In the absence of such persons, the interim manager is proposed by the State bankruptcy and financial recuperation authority at the request of the arbitral tribunal within one week of receipt of the request. 2. The interim manager has been in operation since its appointment by the arbitral tribunal and prior to the introduction of external management and the appointment of an external manager, or until the arbitral tribunal has decided to declare the debtor bankrupt and open the competition The proceedings and the appointment of the insolvency representative, or before the arbitration court has approved the settlement agreement, or until the arbitral tribunal has decided to refuse to declare the debtor bankrupt. 3. In the event of temporary inability of the interim manager to perform the duties assigned to him, the arbitral tribunal may appoint a deputy interim manager. 4. An interim manager has the right to apply to the arbitral tribunal to release him from the duty of the interim manager, provided that there are valid reasons. In the case of a request by the provisional administrator for exemption from the performance of the interim insolvency representative, the arbitral tribunal shall appoint a new interim manager. Pending the appointment of a new interim manager, the interim manager continues to perform his duties. C t I am 60. Temporary Control 1. Provisional manager has the right: present to the arbitral tribunal on its own behalf the claim for invalid transactions, as well as the application of the consequences of nullity of minor transactions concluded or executed by the debtor Violation of the requirements established by this Federal Law; to apply to the arbitral tribunal to take additional measures to secure the property of the debtor, including the prohibition to do without consent of a temporary control transaction not covered by article 58, paragraph 2, of the Federal law, on the transfer of securities, currency values and other property to third parties, as well as on the cancellation of such measures; to petition the arbitral tribunal to dismiss the head of the debtor; to obtain any information and documents related to the debtor's activities; exercise other powers established by this Federal Law. 2. The debtor's authorities are required to provide to the interim manager any information relating to the activities of the debtor. C I am 61. The temporary control's responsibilities 1. { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { } } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } take { \cs6\f1\cf6\lang1024 } { \field Bankruptcy; set the debtor's creditors and determine the size of their claims, notify creditors of bankruptcy proceedings; convene the first meeting of creditors. 2. At the end of the observation, the interim manager shall submit to the arbitral tribunal an account of its activities, the particulars of the debtor's financial situation and proposals for the possibility or inability to recover the debtor's capacity to pay. C but I am 62. Analysis of the financial condition of the debtor 1. An analysis of the financial situation of the debtor is conducted in order to determine the adequacy of the debtor's property to cover the costs of the litigation, the costs of the award of the arbitral tribunal, and the possibility or impossibility Recovery of the debtor's capacity to pay. 2. If, as a result of a review of the debtor's financial situation, the debtor's assets are not sufficient to cover court expenses, creditors are entitled to decide to establish external management only in determining the sources Court costs. If the creditors do not determine the source of the court expenses that voted in favour of the introduction of the external administration, creditors are jointly and severally liable for the costs. C but I am 63. Determination of the size of creditors ' claims 1. For purposes of participation in the first meeting of creditors, creditors are entitled to present their claims against the debtor within one month of the receipt of the notification by the provisional administrator of the debtor's declaration of acceptance by the arbitral tribunal. The claims are referred to the arbitral tribunal and the debtor, unless the requirements of the creditors are recognized by this Federal Act. The requirements of creditors recognized under this Federal Act are forwarded to the interim manager with the application of the documents to determine the specified requirements as established. 2. Objections to claims of creditors not recognized under this Federal Act may be submitted by the debtor to the arbitral tribunal, the creditor and the interim manager within one week of receipt of the respective requirements. 3. The creditor's claim for which the debtor has no objection within the time limit provided for in paragraph 2 of this article is recognized as established in the amount claimed by the creditor. 4. Claims by creditors are examined by the arbitral tribunal in the manner provided for in article 46 of this Federal Act. C t I am 64. Convening the first meeting of creditors 1. The interim manager shall determine the date of the first meeting of creditors and notify all identified creditors. The first meeting of creditors is to take place no later than ten days prior to the date of the meeting of the arbitral tribunal established in the determination of the arbitral tribunal to declare bankruptcy. 2. Participants in the first meeting of creditors with the right to vote are the insolvency creditors, as well as tax and other authorized bodies: claims of which under this Federal Law are recognized as established and sent a temporary manager; the size of the claims set by the arbitral tribunal in connection with the debtor's objections on the claims of creditors prior to the first meeting of creditors. 3. The first meeting of creditors takes part without the right to vote by the interim manager, the head of the debtor and the representative of the debtor's employees. C but I am 65. Issues considered by the first meeting of creditors 1. The first meeting of creditors includes: 1) to decide on the introduction of external management and to petition the arbitral tribunal; 2) the decision to apply to the arbitral tribunal Request for recognition of the debtor bankrupt and commencement of insolvency proceedings; (3) determination of the size of the creditor committee, election of its members; 4) Federal law. 2. The minutes of the first meeting of creditors shall be submitted by the interim manager to the arbitral tribunal not later than within one week from the date of the first meeting of creditors. C t I am 66. The decision of the first meeting of creditors on introduction of external management The decision of the first meeting of creditors on the introduction of external management should contain the proposed external management term and the external manager's candidacy, as well as information about him. C I am 67. Watching 1. The arbitral tribunal shall, on the basis of a decision of the first meeting of creditors, unless otherwise established by this article, decide whether to declare the debtor bankrupt and to open a insolvency proceeding, or shall decide on the introduction of external management, or the approval of the settlement agreement. 2. If the first meeting of creditors did not take a decision on the establishment of an international agreement or the conclusion of a settlement agreement, or none of the above decisions of the first meeting of creditors was submitted to the arbitral tribunal within the time limit set by the paragraph Article 65 of this Federal Law, the arbitral tribunal shall, on the grounds of bankruptcy, decide to declare the debtor bankrupt and to open a insolvency proceeding, unless otherwise provided for in this article. 3. If the first meeting of creditors decided to apply to the arbitral tribunal for recognition of the debtor bankrupt and the commencement of the insolvency proceedings or to the arbitral tribunal, no decisions of the first meeting of creditors were submitted, The arbitral tribunal has the right to rule on the introduction of external management in cases: where there are reasonable grounds to believe that the decision of the first meeting of creditors to apply to the arbitral tribunal for recognition of the debtor bankruptcy was taken to the detriment of the majority. creditors and the real possibility of restoring the solvency of the debtor; if, following the first meeting of creditors, there were circumstances giving reasonable grounds to believe that the debtor's capacity to pay may be restored; in other cases provided for by this Federal Act. 4. Since the debtor's arbitration has been declared bankrupt and the commencement of insolvency proceedings, or the introduction of external management, or the approval of a settlement agreement, the monitoring is terminated. The Interim Manager continues to perform his or her duties until the appointment of an external manager or insolvency administrator. H L A V A V. EXTERLY MANAGEMENT C T I am 68. { \field { \field { \field { \field { \field External management shall be administered by an arbitral tribunal on the basis of a decision of a meeting of creditors, except as provided for in this Federal Act. 2. The determination of an arbitral tribunal to establish external management is subject to immediate execution. 3. The determination of an arbitral tribunal to establish an external administration may be appealed. 4. External management shall be introduced for a period not exceeding twelve months, which may be extended by not more than six months unless otherwise provided by this Federal Act. 5. At the request of a meeting of creditors or an external manager, the prescribed term of external office may be reduced or extended by the arbitral tribunal within the time limits set by paragraph 4 of this article. C t I am 69. Effect of external management Since the introduction of external management: the debtor's leader is removed from office, the affairs of the debtor are managed by the external manager; The powers of the debtor and property owner of the debtor-the unitary enterprise, the powers of the head of the debtor and other authorities of the debtor shall be transferred to the external manager, with the exception of those powers that are transitory in accordance with the present Federal Act to other persons (bodies). The debtor's control authorities shall, within three days of the appointment of the external manager, ensure that the accounting and other records of the legal entity, the seals and stamps, material and other values are handed over to the external manager; The measures taken earlier to secure creditors ' claims are lifted; the seizure of the debtor's property and other restrictions on the disposition of the property by the debtor may be imposed solely as part of the bankruptcy proceedings; imposes a moratorium on the claims of creditors (a) The obligations of the debtor (in the case of the debtor). At the end of the external management of the penalty (fines, penalties), as well as the amount of damages that the debtor is liable to pay to the creditors and to the mandatory payments, may be paid in the amount that existed at the time of the introduction of the external administration. C t I am 70. Moratorium on the requirements of the creditors 1. The moratorium on creditors ' claims extends to monetary obligations and mandatory payments that have arrived prior to the introduction of external management. 2. During the period of the stay to satisfy the creditors ' claims for monetary obligations and mandatory payments under paragraph 1 of this article: it is not possible to collect enforcement and other documents, Recovery of which is made in an indisputable (tbc) order; suspends execution of enforcement documents, except for execution of executive documents issued on the basis of decisions on Remuneration of wage arrears, payment of The authors ' treaties, alimony, and compensation for harm caused to life and health and moral harm which have entered into force until the time when the arbitral tribunal has issued the debtor's declaration of bankruptcy; penalties (fines, penalties) and other financial (economic) penalties for default or improper performance of monetary obligations and mandatory payments, as well as interest payable. At the time of the introduction of the external administration, interest shall be accrued on the amount of the creditor's claims on monetary obligations and (or) mandatory payments in the amount established in accordance with Article 4 of this Federal Law The order and size of the article 395 Civil Code of the Russian Federation. 3. The Moratorium on the Claims of Creditors also applies to creditors ' claims for damages caused by the refusal of the external manager to comply with the debtor's contracts. 4. The rules set out in paragraphs 2 and 3 of this article shall not apply to monetary obligations and mandatory payments which have arrived after the introduction of external management. 5. The moratorium on the claims of creditors does not apply to claims for collection of arrears of wages, payment of awards of authors ' contracts, alimony, as well as compensation for harm caused to life and health. C t I am 71. { \b Order } { \b } { \b } A meeting of creditors that has taken a decision on the introduction of external management approves the candidacy of an external manager. 2. The candidacy of an external manager may be proposed to the meeting of creditors by either of the insolvency creditors, the tax or other authorized body, the debtor or the owner of the property of the debtor-a unitary enterprise. 3. The nominated arbitral tribunal shall be deemed to have received the highest number of creditors ' votes in accordance with the procedure for taking decisions by the collection of creditors provided for in article 14 of this Federal Law. 4. In the event that external management is administered by an arbitral tribunal in the absence of a decision of the first meeting of creditors on the introduction of external management, the meeting of creditors is entitled to consider, approve and submit the nomination to the arbitral tribunal. The Panel is of the order in which it is to be established. 5. Where no external manager is represented by a meeting of creditors, the arbitral tribunal shall appoint an external manager on the proposal of the other persons involved in the bankruptcy case or from the number of persons registered in the arbitral tribunal. as arbitrators. In a case where no external manager has been nominated and there is no possibility of appointing an external manager from among those registered with the arbitral tribunal as arbitral managers, the arbitral tribunal shall appoint External manager from the number of candidates proposed by the State bankruptcy and financial recovery agency. 6. The person who exercised the powers of the interim manager may be considered as an external manager. C t I am 72. The purpose of an external control is 1. An external manager shall be appointed by the arbitral tribunal at the same time as the introduction of external management. 2. If it is not possible to appoint an external manager at the same time as the external administration, the arbitral tribunal shall appoint an external manager within one month from the date of the introduction of the external administration. On the appointment of an external manager, the arbitral tribunal shall issue a definition. Before the appointment of an external manager, it is exercised by a temporary manager. 3. Determination of the appointment of an external manager is subject to immediate execution. 4. The determination of the appointment of an external manager may be appealed. C t I am 73. Exempting external control 1. An external manager may be released by an arbitral tribunal from the performance of an external manager: , upon application by the outside manager to release him from an external manager; The decision of the meeting of creditors in the event of default or improper performance of the external manager. The decision of a meeting of creditors in this case should contain information on the name of the new external manager; in the event that the circumstances prevented the person's assignment by an external manager; otherwise, as provided by this Federal Act. 2. The determination of the arbitral tribunal to release the external manager from the performance of the external manager is subject to immediate execution. 3. The determination of the arbitral tribunal to release the external manager from the performance of the external manager may be appealed. C I am 74. External control rights and responsibilities 1. External manager: self-managing the property of the debtor with restrictions provided by this Federal Law; to enter into a settlement agreement on behalf of the debtor; The execution of the debtor's contracts. 2. External manager is required: to take over the property of the debtor and to conduct an inventory; open a special account for external management and accounts with creditors; Approval of a meeting of creditors ' external management plan; maintain accounting, financial, statistical accounting and reporting; raise objections to creditor claims against the debtor, in accordance with the established procedure; Take action to recover the debt owed to the debtor; review creditors 'claims; maintain a registry of creditor claims; submit a report to the creditors' meeting on the implementation of the external management plan; exercise other authority, prescribed by this Federal Act. C t I am 75. Determination of the size of creditors ' claims 1. Creditors have the right to present their claims against the debtor at any time during external management. These requirements are addressed to the external manager of the debtor's postal address. The requirements of creditors recognized under this Federal Act are sent to the external manager with the application of the documents to determine the specified requirements as established. 2. The external manager shall review the claims submitted by creditors and, as a result of their review, make a record in the register of creditors claims not later than two weeks after receipt of the claim. The results of the creditor's review of the creditor's request shall notify the creditor concerned within a period not exceeding one month from the date of receipt of the claim. 3. Objections based on the review of the external claims of creditors may be filed by the creditor with the bankruptcy court within one month of receipt. 4. Claims by creditors for which no objection is made within the time limit provided for in paragraph 3 of this article shall be deemed to be established in the amount, composition and priority of the satisfaction that is established by the external manager. 5. Claims of creditors are examined by the arbitral tribunal in the manner provided for in article 46 of this Federal Act. C and I am 76. Disposition of the debtor's property 1. An external manager is entitled to dispose of the property of the debtor. The owner's property of the debtor or the debtor's administration is not entitled to take decisions or otherwise limit the powers of the external manager to dispose of the debtor's property. 2. Large transactions and transactions in which an interest is held are concluded by an external administrator only with the consent of the meeting of creditors or the creditor committee, unless otherwise provided by this Federal Act or the external plan. Management. 3. Large transactions include transactions involving the disposal of immovable property or other property of the debtor whose carrying amount exceeds 20 per cent of the carrying amount of the debtor's assets at the time the transaction is concluded. 4. Transactions that are of interest are recognized as transactions to which the person concerned is a party to an external manager or a competitive creditor. C t I am 77. Disclaimability of the debtor's contract 1. An external manager, within three months from the date of the introduction of the external administration, has the right to refuse the execution of the debtor's contracts. 2. Non-enforcement of the debtor's contracts may only be declared in respect of contracts not executed wholly or in part by the parties, provided that one of the following conditions is present: if the execution of the debtor's contract would cause a loss to the debtor is compared to similar contracts concluded under comparable circumstances; if the contract is long term (concluded for more than one year), or is intended to be positive for the debtor only in the case of a debtor in the long term; if there are other circumstances, Remediation of the debtor's capacity to pay. 3. The debtor's contracting party is entitled to require the debtor to recover the real damage caused by the failure to perform the debtor's contract. 4. The provisions of this article shall not apply to contracts of the debtor concluded in the course of the monitoring with the consent of the arbitral manager. The cancellation of such treaties is based on and in accordance with the procedure provided for in the Civil Code of the Russian Federation. I'm 78. Invalidity of the debtor's transactions 1. The transaction of the debtor, including the debtor prior to the introduction of the external administration, may be declared null and void by the arbitral tribunal on the application of the external manager on the grounds provided for in the civil law of the Russian Federation. THE RUSSIAN FEDERATION 2. Debtor's discharge by the debtor with the person concerned may be declared null and void by the arbitral tribunal upon application by an external manager if, as a result of the execution of the transaction, the creditors have been or may be injured Loss. 3. Debtor's deal, concluded or committed by the debtor with a creditor or other person after the arbitration has been issued by the arbitral tribunal to declare the debtor bankrupt and (or) within six months prior to the application for recognition of the debtor bankrupt, may be declared null and void upon application by an external manager or a creditor, if the transaction is the preferred satisfaction of the claims of one creditor to other creditors. 4. Debtor's discharge by the debtor, by a legal person, after the commencement of bankruptcy proceedings, or within six months prior to the debtor's declaration of bankruptcy, relating to the payment (allocation) of the debtor's share (s) in the debtor's property The debtor, in connection with its withdrawal from the debtor's membership, shall be declared null and void on the application of the external manager or creditor, and all the secured transaction shall be returned to the debtor. In this case, the debtor is recognized by the creditor of the fifth line. C t I am 79. Cash obligations of the debtor during external management Where the amount of the debtor's obligations arising after the introduction of external management exceeds 20 per cent of the amount of creditors ' claims under With the registry of creditors ' claims, transactions involving new monetary obligations of the debtor, with the exception of the external management plan, may be performed by an external administrator only with the consent of the meeting of creditors or the creditor committee. C t I am 80. Regulation of the debtor's consumption funds Decisions causing an increase in the consumption of the debtor, including the remuneration of employees of the debtor, may be taken by an outside administrator only with the consent of the creditors ' meeting, or of the creditor committee, except in cases provided for by federal law. C but I am 81. The powers of the creditor committee the creditor committee has the right to decide: to convene a meeting of creditors; on the recommendation of a meeting of creditors to exempt the external manager from the performance of duties to approve or refuse approval of the debtor's large transactions and the debtor's transactions, in which the debtor is interested; on the submission of the Associate External Manager to the arbitral tribunal. C t I am 82. External Control Plan 1. No later than one month from the date of appointment, the external manager must develop an external management plan that is submitted for approval to the collection of creditors. The external management plan should include measures to restore the solvency of the debtor. The insolvency of the debtor is recognized as restored in the absence of the signs of bankruptcy set out in article 3 of this Federal Law. 2. The external management plan should provide for a period of recovery of the debtor's capacity to pay. 3. An external manager, at the request of a creditor committee or a meeting of creditors, reports to creditors on the course of external management. C I am 83. Review the external management plan 1. The external management plan is considered by a meeting of creditors, which is convened by an external manager not later than two months after the introduction of external management. The External Manager notifies all creditors of the date and location of the meeting and provides an opportunity to review the external management plan at least two weeks prior to the date of the meeting. 2. Participants in a meeting of creditors with voting rights are competitive creditors. In a meeting of creditors, the external manager and representative of the debtor's employees are entitled to participate without the right to vote. 3. The external management plan shall be considered approved if it has voted more than half of the votes of the insolvency creditors present at the meeting of creditors. 4. A collection of creditors is entitled to take one of the following decisions: the decision to approve the external management plan; the decision to reject the external management plan and apply to the arbitral tribunal for recognition of the debtor Bankrupt and open insolvency proceedings; decision to reject the external management plan, remove the external manager while approving a new external manager and handling the corresponding an application to an arbitral tribunal. The decision should provide for a date for the convening of the next meeting of creditors to review the new external management plan, and the term of the meeting of creditors may not exceed one month from the date on which the meeting is held creditors. 5. The external management plan approved by the meeting of creditors and the protocol of the creditors ' meeting shall be submitted to the arbitral tribunal by an external manager not later than five days from the date of the meeting of creditors. 6. In the event that, within six months from the date of the introduction of the external arbitral tribunal, an external management plan had not been submitted to the arbitral tribunal, the arbitral tribunal had the right to decide whether to declare the debtor bankrupt and to open a insolvency proceeding. C t I am 84. Extension of external management Where a meeting of creditors has decided to approve an external management plan that provides for a period of external management greater than the original set, the arbitral tribunal extends the period of external management if there are reasonable grounds to believe that the extension of the external management period or the implementation of an approved external management plan would result in the debtor being restored to its capacity to pay. C and I am 85. Measures to restore the capacity to pay of the debtor Measures to restore the solvency of the debtor may be: re-profiling the production; closing unprofitable productions; liquidation of a receivable; sale of part of the debtor's property; assignment of debtor's rights; performance of debtor's obligations by the owner of the property of the debtor-a unitary enterprise or third person (third party); Debtor's business (s); other ways to restore the solvency of the debtor. C t I am 86. Selling the debtor's business (s) 1. In order to satisfy the creditors ' claims, the external management plan may provide for the sale of the debtor's business (s). When the enterprise is sold, all types of property intended for the conduct of the business of the debtor are alienated, including land, buildings, installations, equipment, tools, raw materials, products, rights requirements, as well as the rights to the symbols, individualizing of the debtor, its products, work and services (trade name, trademarks, service marks), other exclusive rights owned by the debtor, except rights and obligations, that cannot be transferred to other persons. In the case where the debtor's main activity is carried out only on the basis of a permit (licence), the buyer of the enterprise acquires the priority of obtaining the said permit (licence). When selling an enterprise under this article, the liabilities and mandatory payments of the debtor as of the date of the arbitral tribunal's acceptance of the debtor's declaration shall not be included in the composition of the debtor. enterprises. 2. When the enterprise is sold, all employment contracts (contracts) in force at the time of the sale of the enterprise remain in force, with the rights and obligations of the employer being transferred to the buyer of the enterprise. 3. The amount collected from the sale of the business is included in the property of the debtor. 4. The sale of an enterprise is carried out by means of open tendering, unless otherwise provided by the external management plan. The external manager acts as the organizer of the auction or attracts a specialized organization with the payment of the services of the latter at the expense of the debtor's property. The external manager is required to publish the announcement of the sale of the company in open tendering in the official publication of the state bankruptcy and financial recovery authority at least thirty days before the date of the sale trading. In an enterprise service announcement, must contain: enterprise information and order, the time limits for the submission of applications for the acquisition of an enterprise that cannot be valid for less than two weeks; and More than one month from the date of the announcement; time, place and form of bidding; tendering procedure; initial price of an enterprise set by a creditor committee; or meeting of creditors; size of deposit, timing and order of application tasking; criteria for identifying bids; ordering of trading results; information about the bidder. 5. In the event that an application for the purchase of an enterprise from one participant is received in the announcement of the sale of the enterprise, the sale of the enterprise is not carried out. If there is agreement between the creditor committee or the creditors ' meeting, the enterprise may be sold without rebidding. 6. The auction shall be held in the form of an auction, except in the cases established by this Federal Law. If, under this Federal Law, tendering is held in the form of a tender, the terms of the tender are subject to approval by a creditor committee or a meeting of creditors. 7. The person who is the winner of the auction and the organizer of the open tender shall sign the protocol on the day of the auction. having the force of a treaty. If the tender was conducted in the form of a tender, on the basis of a protocol signed by the winner of the tender and the organizer of the tender, no later than 20 days from the date of the competition, the contract is signed sales of the enterprise. 8. The amount of the deposit lost by the successful bidder, in connection with its refusal to sign a protocol or a contract for the sale of the enterprise, is included in the property of the debtor, less the costs of bidding. 9. In cases where the proceeds from the sale of the debtor are able to satisfy the creditors ' claims in full, the bankruptcy proceedings are to be terminated by the arbitral tribunal upon application by the outside manager. 10. If the amount raised from the sale of the enterprise is insufficient to satisfy the creditors ' claims in full, the external manager invites creditors to conclude a settlement agreement. If a settlement is not reached, the arbitral tribunal shall, upon application by an external manager, decide to declare the debtor bankrupt and to open a insolvency proceeding. 11. Prior to the conclusion of a settlement agreement or prior to the award by the arbitral tribunal of the debtor's bankruptcy and commencement of the insolvency proceedings, the external insolvency representative is not entitled to make payments with creditors, except for creditors of the first and second creditors. queue. C I am 87. Sale of part of the debtor's property 1. Once the property of the debtor has been inventorying and evaluated, the external manager is entitled to proceed with the sale of the debtor's property in open tendering unless otherwise provided by the external management plan. 2. The auction shall be held in the form of an auction, except in the cases provided for by this Federal Law. 3. The property of the debtor may be sold only in closed trading. Persons who, in accordance with federal law, may have property or other proprietary rights in accordance with federal law shall participate in closed tendering. 4. The external manager may either act as the organizer of the tender or authorize the tendering of a specialized organization on the basis of a contract. The specialized organization conducting the bidding shall not be interested in the debtor and the external manager. 5. The initial price of the debtor's property is determined by the external manager, unless otherwise provided by the external management plan. 6. The winner of the tender is obliged to pay the sale price of the property of the debtor within the period stipulated by the protocol or the contract of sale concluded on the results of the tender, but not later than one month after the day of trading. 7. Debtor's property not sold in the first tender shall be rebid unless otherwise provided by the external management plan. The property of the debtor, not sold at the rebidding, may be disposed of by an external manager pursuant to a contract of sale concluded without bidding. C but I am 88. Assignment of the rights of the debtor's claim Assignment of the rights of the claim of the debtor may be performed by an external manager by the sale of claims in open tendering with the consent of the creditor committee or the collection of creditors, unless otherwise provided the external management plan. C t I am 89. Fulfiller of the debtor's obligations by the owner of the debtor's property or by the third person (third persons) 1. The property of the debtor-a unitary enterprise is entitled at any time before the end of the external administration to satisfy the requirements of all insolvency creditors in accordance with the register of creditors ' claims. 2. The execution of the debtor's obligations by a third person (third parties) is allowed, provided that such execution simultaneously extinguish the claims of all insolvency creditors in accordance with the creditor's registry. C t I am 90. External control report for results external control 1. Not later than fifteen days before the end of the prescribed period of external administration, and if there are grounds for early termination, the external manager is required to submit a report to the creditors ' meeting. 2. The report of the external manager should contain: the debtor's balance at the last reporting date; account of the debtor's profits and losses; details of the availability of the debtor's free money, which may be directed at Satish creditors ' claims on monetary obligations and mandatory payments of the debtor; Decryption of the remaining debtor's receivable and details of outstanding rights of the debtor's claim; other details about how to repay the remaining accounts payable Debtor's arrears. The Creditor Request Registry must be appended to the report of the external manager. 3. At the same time as the report is submitted, the external manager submits one of the following proposals to the meeting of creditors: to cease external management because of the debtor's solvency; o the conclusion of a settlement agreement; to extend the prescribed period of external administration; on the termination of the external administration and the application to the arbitral tribunal for the debtor's bankruptcy and the opening of the competition production. C I am 91. External Manager Report 1. The report of the external manager shall be reviewed by a collection of creditors, which shall be convened not later than ten days after the expiry of the prescribed period of external administration or not later than one month after the occurrence of the grounds for the early termination of external management. 2. An external manager, not later than fifteen days before the expiry of the term of external administration, is required to notify all creditors of the meeting of creditors. The Notification of the meeting of creditors should include information about the time, place of the meeting of creditors, and the order of review of the external manager's report. 3. As a result of the review of the report of the external manager, the creditors are entitled to take one of the following decisions: on the termination of the external administration in connection with the restoration of the debtor's capacity to pay and the transition to calculation with creditors; on the application to the arbitral tribunal to extend the prescribed period of external administration; to apply to the arbitral tribunal for the debtor to be declared bankrupt and to open the competition production; on the conclusion of a settlement agreement. 4. In the event that a meeting of creditors has not taken any of the decisions referred to in paragraph 3 of this article, or such a decision shall not be submitted to the arbitral tribunal within 15 days of the expiry of the time limits laid down in paragraph 1 of this article, The arbitral tribunal shall decide on the debtor's recognition of the bankrupt and the commencement of the insolvency proceedings. C and I am 92. Adoption of the report of the External Manager Arbitration Court 1. The report of the external manager and the minutes of the creditors ' meeting of creditors is sent to the arbitral tribunal no later than five days after the date of the meeting of creditors. The report of the external manager should be accompanied by a register of creditor claims and claims by creditors that voted against the decision of the creditors ' meeting or who did not participate in the voting. 2. The report of the external manager and the claims of creditors shall be heard by the arbitral tribunal in the meeting. The external manager and creditors who have filed the complaint shall be notified of the time and place of the meeting of the arbitral tribunal. 3. If the creditors ' meeting took a decision to terminate the external administration in connection with the recovery of the debtor's capacity to pay and the transfer to creditors, the report of the external manager is subject to approval by the arbitral tribunal, except in the cases provided for by this Federal Act. 4. Should the arbitral tribunal establish the validity of the creditors ' claims or lack of evidence of a recovery of the debtor's capacity to pay, the arbitral tribunal shall refuse to approve the report of the external manager. 5. The approval of the report of the external manager, or the refusal to approve the said report, either the extension of the external management or the approval of the settlement agreement, shall be determined and subject to appeal. 6. If there is a request by the meeting of creditors to declare the debtor bankrupt and to open the insolvency proceedings, and in the event of a refusal by the arbitral tribunal to approve the report of the external manager or to submit the report within one month The arbitral tribunal may, from the end of the prescribed period of external management, decide to declare the debtor bankrupt and open a competitive process. C t I am 93. Implications of the { \b external } report approval of 1. The approval by the arbitral tribunal of the report of the external manager is the basis for the termination of the bankruptcy proceedings. 2. Where a petition has been made by a collection of creditors, the arbitral tribunal may set a time limit for the end of the calculation with the creditors. The Arbitration Court shall decide on the approval of the report of the external manager and establish a time limit for the end of the calculation with creditors, which may not exceed six months from the date of the issuance of the definition. In this case, bankruptcy proceedings are discontinued after the end of the calculation with the creditors. 3. If the deadline set by the arbitral tribunal does not make payments to creditors, the arbitral tribunal shall decide whether to declare the debtor bankrupt and to open a insolvency proceeding. C but I am 94. Accounts payable 1. In the cases referred to in article 92, paragraph 3, of this Federal Act, payments to creditors shall be made by the external manager in accordance with the register of creditors ' claims, commencing from the date of the approval of the report by the external arbitral tribunal. court. 2. Accounts payable shall be subject to the procedure provided for in articles 107 to 111 of this Federal Act, with the characteristics set forth in this article. 3. First of all, the remaining debt on the claims of the citizens to whom the debtor is responsible for causing harm to life and health is paid. 4. The second is the payment of the remaining wage arrears to persons working under the employment contract (contract) and the payment of royals. 5. From the time of execution of the debtor's obligations, the external manager shall record the record in the register of creditors. C t I am 95. Deprivation of creditors ' claims For the purposes of this Federal Act, the claims of creditors are satisfied, the requirements on which the agreement was reached on the foot or the novation of the obligation, or The termination of the obligations in other ways, as well as other requirements which, under this Federal Law, are recognized as being liquidated. C I am 96. The order of termination of the external control 1. Termination of external management entails the termination of the authority of the external manager. 2. If external management is completed by settlement of a settlement agreement or by the repayment of claims of creditors, the external manager shall continue to perform his or her duties within the competence of the head of the debtor until the date of appointment (election) of the new The head of the debtor. The authorities of the debtor and property owners of the debtor-the unitary enterprise shall be restored. 3. If the arbitral tribunal has decided to declare the debtor bankrupt and the insolvency representative is appointed and the insolvency representative is appointed, the external manager shall continue to perform his or her duties until the transfer of the case to the insolvency representative. The manager. L A V A VI. CONCILIATION C, I am 97. General provisions 1. The decision by the arbitral tribunal to declare the debtor bankrupt shall entail the commencement of insolvency proceedings. 2. The period of insolvency proceedings may not exceed one year. The arbitral tribunal shall be entitled to extend the specified period for six months unless otherwise provided by this Federal Act. 3. If necessary, the duration of the insolvency proceeding may be extended by the arbitral tribunal beyond the time limits provided for in paragraph 2 of this article. The determination of the arbitral tribunal to extend the period of the insolvency proceeding beyond the period specified in paragraph 2 of this article may be appealed. C and I am 98. Consequences of opening a insolvency production 1. Since the award has been made by the arbitral tribunal to recognize the bankruptcy of the debtor and to open the insolvency proceedings: the duration of the performance of all the debtor's monetary obligations, as well as the deferred mandatory payments of the debtor, are considered to be { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { { \b } { \b } { \b confidential or commercial secret; transactions involving the disposition of the property of the debtor or the transfer of its property to third parties are permitted only in the manner established by this chapter; The imposed arrests of the debtor's assets and other restrictions on the disposition of the debtor's property. The introduction (imposition) of new arrests of the debtor's property and other restrictions on the disposition of the debtor's property is not permitted; all claims against the debtor may be made only through a competitive process; The obligations of the debtor are permitted in the cases and in the manner in which this chapter is established. 2. Since the award has been made by the arbitral tribunal to declare the debtor bankrupt and to open a competitive proceeding, the debtor's authorities shall be suspended from the administration and disposal of the debtor's property in the event that it has previously been so The removal was not carried out and the authority of the owner of the debtor's property, the unitary enterprise, was terminated. C t I am 99. Control 1. In making a decision to declare the debtor bankrupt and to open a competitive process, the arbitral tribunal shall appoint a insolvency representative in the manner prescribed for the appointment of an external manager. 2. At the request of the insolvency representative approved by the meeting of creditors or the creditor committee, several insolvency representatives may be appointed by the arbitral tribunal. The arbitral tribunal shall assign responsibilities between the insolvency representative, depending on the complexity of the tasks to be performed, the nature and size of the debtor's property, and determines the limits of the liability of each of them. 3. The insolvency representative shall remain in effect until the end of the competitive process. C, I am 100. Publication of recognition of the debtor bankrupt and the opening of a insolvency production Publish recognition of the debtor bankrupt and the commencement of the competitive process shall be competitive The debtor is a member of the Supreme Court of Arbitration of the Russian Federation and the official publication of the State bankruptcy and financial rehabilitation agency. Publish information about the debtor's bankruptcy and open the insolvency estate should contain: name and other details of the debtor that is bankrupt; name of arbitration court, in which is bankruptcy proceedings; the date of the decision by the arbitral tribunal to declare the debtor bankrupt and to open a insolvency proceeding; which cannot be less than two months from the date of the specified publication; details about the insolvency representative. The details of the debtor's recognition of the bankrupt and the commencement of the insolvency proceedings should be sent to the insolvency representative not later than five days from the date of its appointment. C I am 101. insolvency representative 1. Since the appointment of the insolvency representative, the insolvency representative has been given full authority over the administration of the debtor, including the power to dispose of the property of the debtor. 2. In the event that the decision to declare the debtor is bankrupt and the commencement of the insolvency proceeding is made at the end of the supervision, the insolvency representative of the debtor's authorities and the powers of the owner of the property shall be appointed by the insolvency representative. The debtor-the unitary enterprise shall be terminated. The debtor's authorities shall, within three days of the appointment of the insolvency representative, ensure the transfer of the debtor, the printing and stamp, the material and other values of the debtor, to the insolvency representative. In case of evasion of this duty, the debtor's authorities, including the head of the debtor, are liable in accordance with the law of the Russian Federation. 3. The insolvency representative performs the following functions from the moment of his appointment: takes over the property of the debtor, performs inventory and valuation of the debtor's property and takes measures to ensure its preservation; analyses the debtor's financial situation; makes a claim against third persons who are in arrears to the debtor, in accordance with the law of the Russian Federation; notifies the debtor Employees of the debtor of the impending dismissal in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION The failure to execute the debtor's contracts shall be declared in the manner prescribed by article 77 of this Federal Law; shall take measures aimed at finding, identifying and returning the property of the debtor in third persons; refers to the custody of the debtor's documents, subject to mandatory storage under federal laws and other legal acts of the Russian Federation; shall take other measures established by this Federal Law. 4. In the exercise of its powers, the insolvency representative shall file a claim for annulment of the transactions made by the debtor, the termination of the property of the debtor by third parties, the avoidance of the contracts entered into by the debtor and the other OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. In the exercise of their powers, the insolvency representative is entitled to present claims against third parties, who under the law of the Russian Federation are liable under the obligations of the debtor in connection with the communication of the debtor. to bankruptcy. The size of the specified requirements is determined by the difference between the amount of the creditors ' claims and the insolvency estate. The amounts shall be included in the insolvency estate and can only be used to satisfy the creditors ' claims in the order of priority established by this Federal Law. C I am 102. Valuation of the debtor's property 1. In the course of the insolvency proceedings, the insolvency representative shall conduct an inventory and assessment of the debtor's property. In order to carry out these activities, the insolvency representative is entitled to involve the appraisers and other specialists in the payment of their services at the expense of the property of the debtor, unless otherwise established by a meeting of creditors or a creditor committee. 2. In the event that the property of the debtor to be sold in the insolvency proceedings is real property, the property is assessed prior to the sale, with the assistance of an independent appraiser, unless otherwise determined by a meeting of creditors or a committee creditors. C I am 103. Competing mass 1. All assets of the debtor available at the time of commencement of the insolvency proceedings and identified in the course of the insolvency proceeding shall be the insolvency estate. 2. The property of the debtor that constitutes the insolvency estate excludes property seized from circulation, property rights related to the identity of the debtor, including rights based on the permit (licence) for certain types of insolvency (licence) as well as other property as provided for by this Federal Law. 3. In order to ensure that the estate of the debtor is properly recorded, the insolvency representative is entitled to engage accountants, auditors and other professionals. C t I am 104. The property of the debtor not included in the insolvency estate 1. If there is a property in the property of the debtor, the insolvency representative shall notify the owner of the assets seized. 2. The owner of the property seized from the property shall be required to receive the property from the insolvency representative or to secure it for other persons within one month from the date of receipt of the notification from the insolvency representative. 3. In the event of default by the owner of the property taken out of circulation, the duty referred to in paragraph 2 of this article shall expire on the expiry of one month from the date of receipt of the notification from the insolvency representative relating to the maintenance of the property, seized from turnover shall be vested in the owner of the said property. 4. The Social Use Housing Fund, children's pre-school institutions and communal infrastructure, which are vital to the region, are to be transferred to the appropriate municipal education in the person of the local authorities. self-government in the manner provided for in paragraphs 1 to 3 of this article. The duty to maintain and ensure the operation of these facilities in accordance with their intended purpose shall lie with the authorized bodies of the local self-government at the expiration of one month from the date of receipt of the tender notification The manager. 5. The transfer of the objects referred to in paragraph 4 of this Article to the authorized bodies of local self-government shall be carried out in actual condition without any additional conditions. The sources of funding for the contents of these facilities are the corresponding budgets. 6. The officials of the designated local authorities who do not comply with the provisions of paragraphs 4 and 5 of this article shall be subject to administrative and other liability in accordance with the law of the Russian Federation. C t I am 105. Debtor's accounts in the receite production 1. The insolvency representative is obliged to use only one account of the debtor in the bank or other credit institution (the debtor's main account) in the insolvency proceedings. Other accounts of the debtor in banks and other credit organizations known at the time of commencement of the insolvency proceedings, as well as found in the insolvency proceedings, shall be closed by the insolvency representative as they are discovered. The balance of the debtor's funds from the accounts should be transferred to the debtor's main account. 2. The debtor's main account shall also be credited to the debtor's principal account in the course of the insolvency proceedings. The debtor's principal account shall be paid to creditors in the manner provided for in article 106 of this Federal Law and shall be charged the expenses referred to in paragraph 3 of this article. 3. The main account of the debtor is charged as follows: expenses related to the remuneration of the insolvency representative; current utilities and payments of the debtor; Publication of the debtor's recognition of the bankrupt and the debtor's recognition of the bankrupt and the commencement of the insolvency proceedings, as well as notifying creditors of the debtor; other costs related to the performance of the competition production. 4. A report on the use of the funds of the debtor shall be submitted by the insolvency representative to the creditors ' meeting and to the creditor committee at any time at their request. C t I am 106. The order to satisfy the requirements of the creditors 1. The costs of remuneration are not covered by the court costs, expenses related to the remuneration of the arbitral tribunal, the current utility payments of the debtor and the creditors ' claims arising from the obligations of the debtor. in the course of monitoring, external management and competitive proceedings. 2. The creditors ' claims are granted in the following order: first of all, the requirements of the citizens to whom the debtor is responsible for causing harm to life and health shall be satisfied by capitalizing the relevant Temporary payments; The second is the payment of termination indemsions and the payment of labour to persons working under the contract, including under the contract, and the payment of awards under the copyright; In the third place, the obligations of creditors are met. The debtor's property is secured by the debtor's property; the mandatory budget and extrabudgetary funds are satisfied in the fourth place; the fifth line is in the form of settlements with other creditors. C but I am 107. The size and order of the requirements of first-in-turn creditors 1. The determination of the size of the claims of citizens to whom the debtor is responsible for causing harm to life and health shall be determined by capitalizing on the relevant temporary payments established at the time of the decision by the arbitral tribunal. on the recognition of the debtor bankrupt and the commencement of the insolvency proceedings to be paid to the citizen until the age of seventy years, but not less than ten years. If the age of the citizen exceeds seventy years, the period for capitalization of the relevant temporary payments is ten years. 2. Payment of the sum of capitalized temporary payments determined in accordance with the procedure provided for in paragraph 1 of this article shall terminate the corresponding obligation of the debtor. 3. If there is a citizen's consent, his right to claim the debtor in the amount of the capitalized payments is transferred to the Russian Federation. In this case, the obligations of the debtor to the citizen for payment of provisional payments shall be transferred to the Russian Federation and executed by the Russian Federation in accordance with federal law and in the manner determined by the Government. of the Russian Federation. C t I am 108. Claims for termination indemnity and pay When determining the amount of termination and salary claims, persons working under a contract of employment, including contract labour, are taken into account Outstanding debts incurred at the time of the arbitration's application for the debtor's bankruptcy. If the debtor in the period following the adoption by the arbitral tribunal of a declaration that the debtor has been declared bankrupt, the obligation to pay termination benefits and compensation to persons working under the employment contract has not been met in full, including The contract, the amounts unpaid before the entry into force of the decision of the arbitral tribunal to declare the debtor bankrupt and to open a insolvency proceeding, are included in the total amount of the debtor's debt to creditors of the second stage. C but I am 109. Claims of creditors by the obligations of the debtor 1. In determining the amount of the creditor's claim on the obligation secured by the debtor's property, the debtor's liability is taken into account in the part secured by the bond. 2. Debtor's liability in respect of an obligation in part not secured by a pledge of the debtor's property is taken into account in the fifth-turn creditors ' claims. 3. Claims of creditors for obligations secured by the debtor's property are to be satisfied at the expense of all the debtor's assets, including the non-collateral. C I am 110. Mandatory payments requirements 1. When determining the size of the mandatory payment requirements, account is taken of the arrears (arising) at the time of the declaration by the arbitral tribunal that the debtor had been declared bankrupt. 2. If the debtor after the arbitral tribunal has made a declaration that the debtor has been declared bankrupt, the payment is not paid in full, the amounts outstanding before the arbitral tribunal decided to declare the debtor bankrupt and to open it. The insolvency proceedings are included in the total debt of the debtor to the creditors of the fourth phase. 3. The amounts of fines (penalties) and other financial (economic) sanctions are to be met by the requirements of the creditors of the Fifth Queue. C I am 111. Requirements of Fifth Queue creditors 1. In determining the size of the claims of creditors of the fifth line, the requirements of civil liability are taken into account, with the exception of the claims of the citizens for compensation for harm caused to life and health, the obligations of creditors, by the secured creditor of the debtor's property and the claims of the founders (participants) of the debtor, the legal person derived from such participation. 2. Claims by creditors of the fifth turn for damages, penalties (fines, penalties) and other financial (economic) sanctions, including failure or improper performance of the obligation to pay, are taken into account separately in the register of claims of creditors and are subject to satisfaction after payment of arrears and due interest. C t I am 112. Sale of the debtor's property 1. Once the property of the debtor has been inventorying and evaluated, the insolvency representative proceeds to the sale of the property in open tendering if the creditor's meeting or the creditor committee does not otherwise establish the sale of the property of the debtor. The order and timing of the sale of the property of the debtor should be subject to approval by a meeting of creditors or a creditor committee. 2. The property of the debtor may be sold only in closed trading. Persons who, in accordance with federal law, may have property or other proprietary rights in accordance with federal law shall participate in closed tendering. 3. The insolvency representative may act as the organizer of the tender or designate a specialized organization to bid on the basis of a contract. The specialized organization conducting the bidding shall not be the interested person of the debtor or the interested person of the insolvency representative. 4. The property of the debtor not sold in the first tender shall be rebid or sold by the insolvency representative on the basis of a contract of sale concluded without bidding. 5. The sale of the debtor's business shall be in accordance with the procedure established by article 86 of this Federal Law. C I am 113. Assignment of debtor demand rights 1. The insolvency representative has the right to make the claims of the debtor in open tendering, unless the right of the debtor's claim is fixed by a meeting of creditors or a creditor committee. 2. The sale (assignment) of the rights of the debtor in open tendering shall be subject to the rules provided for in article 88 of this Federal Act, unless otherwise established by federal law or is not derived from the substance of the requirements. C I am 114. Accounts payable 1. The insolvency representative shall make settlements with creditors in accordance with the creditor's register. The size of the creditors ' claims shall be determined in accordance with the procedure provided for in articles 46 and 75 of this Federal Law. 2. The requirements of each queue are satisfied after the requirements of the previous queue are fully satisfied. 3. If the debtor has insufficient funds, it shall be distributed among the creditors of the relevant queue in proportion to the amount of the claim to be satisfied unless otherwise provided by this Federal Act. 4. Claims by creditors after the closure of the register of claims of creditors, including claims for payment of mandatory payments arising after the commencement of the insolvency proceedings, are satisfied from the property of the debtor remaining after the commencement of the insolvency proceedings. meeting the creditors ' claims filed within the prescribed time-limit. The requirements of the first and second queue creditors, declared before the end of the calculation with all creditors, including after the closure of the register of claims of creditors, are to be satisfied. Pending the full satisfaction of the claims, the satisfaction of the creditors ' claims is suspended. In the same order, claims by creditors of other queues declared within a specified period of time but not recognized by the insolvency representative with respect to which there is a enforceable decision of the arbitral tribunal on them are to be met. satisfaction. 5. The claims of creditors not satisfied owing to the debtor's insufficiency are considered to have been settled. The claims of creditors that are not recognized by the insolvency representative are also considered to be extinguated if the creditor has not made recourse to the arbitral tribunal or such claims are found to be unfounded by the arbitral tribunal. 6. The insolvency representative shall enter into the register of creditors 'claims for payment of the creditors' claims. 7. Creditors whose claims have not been fully satisfied in the course of the insolvency proceedings are entitled to claim against third persons who have received illicitly property of the debtor. The claim may be filed within ten years of the termination of the bankruptcy proceedings. C t I am 115. Control over the competition control 1. The insolvency representative shall, at least once a month, submit a report on its activities to the creditor committee or assembly of creditors, information on the financial condition of the debtor and its property at the time of commencement of the insolvency proceedings and during the course of the proceedings. of the Convention on the Rights of the 2. The insolvency representative is required, at the request of the arbitral tribunal, to make available to the arbitral tribunal all information relating to the insolvency proceeding. C t I am 116. Dismissal of a insolvency representative In the event of default or improper performance by a competitive insolvency representative, the arbitral tribunal, upon request of a meeting of creditors or a creditor committee, shall suspend A competitive manager from the performance of his duties and appoints a new insolvency representative. C t I am 117. Report of the insolvency representative After completion of payments with creditors, the insolvency representative is obliged to submit to the arbitration court a report on the results of the competitive process. The report of the insolvency representative is enclosed: documents confirming the sale of the debtor's property; creditor claims registry showing the size of the creditor's claims; documents, confirming the payment of the creditors ' claims. C and I am 118. The property of the debtor remaining after liquidation of creditor claims 1. Property of the debtor, which was offered for sale but was not implemented in the course of the insolvency proceedings, in the absence of statements by the owner of the property of the debtor, a unitary enterprise, the founder (s) of the debtor, the debtor The competent authorities of the respective municipal education shall be notified by the insolvency representative. 2. No later than one month from the date of receipt of the notification, the competent authorities of the respective municipal entity shall accept the balance referred to in paragraph 1 of this article and bear all the costs of maintaining it Property. C but I am 119. Finalization of the competitive process 1. Following a review by the arbitral tribunal of the report of the insolvency representative on the results of the insolvency proceedings, the arbitral tribunal shall determine the completion of the insolvency proceedings. 2. The insolvency representative shall, within ten days of the determination of the arbitral tribunal, on the completion of the insolvency proceedings, submit the specified definition to the body to which the necessary documents are to be submitted. for the State registration of the debtor in connection with its liquidation. (In the wording of the Federal Law 21.03.2002. N 31-FZ) 3. The determination of the arbitral tribunal to complete the insolvency proceedings is the basis for the entry into a single public register of legal entities of the liquidation of the debtor. 4. Since the entry into the single State register of legal entities of the liquidation of the debtor, the insolvency representative shall be terminated, the insolvency proceedings shall be considered completed and the debtor being liquidated. L A A VII. MIGRANT AGREEMENT C tus I 120. General provisions 1. At any stage of the bankruptcy proceedings, the debtor and creditors have the right to conclude a settlement agreement. 2. The decision to enter into a settlement agreement on behalf of the insolvency creditors is taken by a meeting of creditors. The decision of a meeting of creditors to conclude a settlement agreement is taken by a majority vote of the total number of insolvency creditors and is deemed to be accepted provided that all creditors have voted in favour of the agreement Debtor's property. The award of a settlement agreement by the debtor is taken by the debtor or by the head of the debtor, the external insolvency representative or the insolvency representative. 3. It is possible for third parties to participate in the world agreement, which assume the rights and obligations set out in the settlement agreement. 4. The settlement agreement is subject to confirmation by the arbitral tribunal, as set out in the determination of the arbitral tribunal to terminate the bankruptcy proceedings. If the settlement agreement is concluded through a competitive process, the arbitral tribunal shall decide on the approval of the settlement agreement. 5. The World Agreement shall enter into force for the debtor and insolvency creditors, as well as for the third parties to the settlement agreement, from the date of its approval by the arbitral tribunal, and shall be for the debtor, insolvency creditors and third parties participating in the agreement. a settlement agreement, compulsory. 6. Unilateral refusal to comply with an international agreement that has entered into force is not permitted. C but I am 121. World Agreement Form 1. The peace agreement is concluded in writing. 2. On the part of the debtor, the settlement agreement shall be signed by the debtor or the head of the debtor, the external manager or the insolvency representative. On behalf of the creditors, the settlement agreement is signed by the person authorized by the meeting of creditors. 3. If a third party is involved in the settlement agreement, the international agreement shall be signed by these persons or their representatives. C t I am 122. The content of the settlement agreement 1. The settlement agreement should contain provisions on the size, manner and duration of the debtor's obligations and (or) the termination of the debtor's obligations by the provision of the compensation, the novation of the obligation, the debt forgiveness or other means, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. A settlement agreement can contain conditions: on the deferments or installments of the debtor's obligations; on the assignment of the debtor's claim to the debtor; on the performance of the debtor's obligations by third parties; Discount from debt; on the exchange of equities; on the satisfaction of creditor claims in other ways that are not inconsistent with federal laws and other legal acts of the Russian Federation. 3. The terms of the settlement agreement for competitive creditors who did not take part in the vote on the conclusion of the settlement agreement, as well as those who voted against the agreement, cannot be worse than for the competitive creditors of the same queue, who voted in favour of the conclusion. C but I am 123. The terms of approval of the settlement agreement by the arbitration court 1. The settlement agreement may be concluded after the arrears of the first and second creditors have been settled. 2. The debtor, the external manager or the insolvency representative, within five days of the conclusion of the settlement agreement, is required to submit to the arbitral tribunal a declaration of approval of the settlement agreement. 3. The application for approval of the settlement agreement must be enclosed: text of the settlement agreement; protocol of the meeting of creditors that decided to enter into a settlement; list of all competitive of creditors with their addresses and amounts of debt; proof of payment of claims by creditors of the first and second lines; written objections from insolvency creditors that were not accepted voting on the conclusion of a settlement agreement or voting Against the conclusion of a settlement agreement. 4. The date of the review of the declaration of settlement by the arbitral tribunal shall notify the parties concerned. The failure to appear is not an obstacle to the bankruptcy proceedings. C but I am 124. Effect of the approval of a settlement agreement by the arbitral tribunal 1. The approval of a settlement agreement by the arbitral tribunal in the course of monitoring or external management is the basis for the termination of the bankruptcy proceedings. 2. The approval of a settlement agreement by the arbitral tribunal in the course of external management is the basis for the termination of the stay on creditors ' claims. 3. In the event that the settlement agreement is approved by the arbitral tribunal in the course of a competitive proceeding, the decision of the arbitral tribunal to declare the debtor bankrupt and the commencement of the insolvency proceedings is not enforceable. 4. Since the approval of the settlement agreement, the arbitral tribunal has terminated the powers of the interim manager, the external manager, the insolvency representative. The insolvency representative, the insolvency representative of the legal person, shall perform the duties of the head of the debtor until the time of appointment (election) of the head of the debtor. 5. Since the approval of the settlement agreement, the debtor's national debtor or head of the debtor, the external manager or the insolvency representative, respectively, proceeds to pay the debt to creditors. C t I am 125. Refusal to approve a settlement agreement Arbitration Court 1. In the event of default on the creditors ' claims in the first and second phase, the arbitral tribunal shall refuse to approve the settlement agreement. 2. The arbitral tribunal may refuse to approve a settlement agreement in the case of: breach of the order of the settlement established by this Federal Law; non-compliance with the form of the world agreement; OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The arbitral tribunal shall issue a decision denying the approval of the settlement agreement, which can be appealed. C t I am 126. Consequences of not approving the global agreement 1. In the event of a determination by the arbitral tribunal of the rejection of a settlement agreement, the settlement agreement is considered non-prisoner. 2. Determination by the arbitral tribunal of the rejection of a settlement agreement does not preclude the conclusion of a new settlement agreement. C but I am 127. Invalidity of the settlement agreement According to the debtor, the creditor or the prosecutor, the settlement agreement may be declared invalid by the arbitral tribunal: if the settlement agreement contains conditions providing for advantages for individual creditors or infringement of the rights and legitimate interests of individual creditors; if settlement of the settlement agreement may lead the debtor to bankruptcy; if there are other causes of invalidity OF THE PRESIDENT OF THE RUSSIAN THE RUSSIAN FEDERATION C but I am 128. Consequences of the acceptance of the world agreement invalid 1. The annulment of the settlement agreement is the basis for the resumption of bankruptcy proceedings. The arbitral tribunal shall render a determination on the resumption of the bankruptcy proceedings, which may be appealed. 2. In the event of a worldwide agreement, the claims of creditors that have been deferred and (or) the instalments due or off from debt are restored to an unsatisfied part. 3. The recognition of the settlement agreement does not entail the obligation of creditors of the first and second lines to return the debt to the debtor. In the part which is not settled by this article, the consequences of the invalidity of the transactions provided for in the civil legislation of the Russian Federation shall apply. 4. In case of a settlement agreement, the arbitration court will publish the arbitration proceedings against the debtor in the "Herald of the Supreme Arbitration Court of the Russian Federation" and the official publication The Public Authority for Bankruptcy and Financial Recovery. 5. The requirements of the creditors that are settled under a settlement agreement not contrary to this Federal Act are deemed to be paid out. Creditors whose claims have been satisfied under the terms of the settlement agreement providing for their advantages or infringement of the rights and legitimate interests of other creditors are bound to return all of the world order agreements. C I am 129. The settlement of the settlement agreement 1. The settlement of the settlement agreement, as approved by the arbitral tribunal, is not permitted by agreement between the individual creditors and the debtor. 2. The reversal of the settlement agreement by the arbitral tribunal in respect of a particular creditor does not entail termination of the settlement agreement with respect to the rest of the creditors. 3. A settlement agreement may be terminated by a decision of the arbitral tribunal in the event of default by the debtor in respect of at least one third of the creditors ' claims. In this case, the consequences laid down in article 128 of this Federal Act shall apply. C and I am 130. Consequences of default of settlement 1. In the event of default by the debtor, creditors are entitled to present their claims in the amount provided for by the settlement agreement. 2. In the case of bankruptcy proceedings, the amount of claims of creditors in respect of which the settlement agreement has been concluded is determined by the terms of the settlement agreement. H L A V A VIII. PARTICULARLY OF THE BANK OF INDIVIDUAL OF LEGAL PERSONS-LEGAL PERSONS § 1. GENERAL PROVISIONS C i.e. I am 131. General provisions The rules of this Federal Act governing the bankruptcy of debtors are applied to the relations relating to bankruptcies, agricultural, insurance and credit institutions. Unless otherwise provided for in this chapter. § 2. BANDREDIVERSITY OF DEBATE ORGANIZATIONS ORGANIZATIONS -C I am 132. Status of the forming organizations 1. For the purposes of this Federal Law, the forming organizations shall be recognized as legal entities, whose number of employees, with their family members, is not less than half of the population of the locality concerned. 2. The rules set out in this paragraph also apply to other organizations with more than 5,000 employees. C, I am 133. The bankruptcy case of the pre-forming organization 1. In the case of bankruptcy of the pre-forming organization by the person involved in the bankruptcy case, the appropriate local authority is recognized. 2. As persons participating in the bankruptcy case, the arbitral tribunal may also involve federal executive authorities and the executive authorities of the constituent entity of the Russian Federation. 3. Evidence confirming the status of the pre-forming organization or having an appropriate number of employees in the organization must be submitted to the arbitral tribunal by the debtor. C t I am 134. Introduction of external management of surety 1. If the creditors ' meeting does not take a decision on the introduction of external management, the arbitral tribunal may impose external administration on the grounds provided for by this Federal Law, as well as on the application of the local self-government or The person involved in the case of bankruptcy of the relevant federal executive authority or the executive branch of the constituent entity of the Russian Federation, subject to the granting of sponsorship on the obligations of the debtor. The debtor's obligations may be given by the Russian Federation, the constituent entity of the Russian Federation or by municipal education in the person of their authorized bodies. 2. The local government or involved in the bankruptcy proceedings is a federal executive body or an executive body of the constituent entity of the Russian Federation, which has provided surety on the obligations of the debtor, may propose to the arbitral tribunal the name of an external manager. 3. In cases where the external administration is established in the manner provided for in this article, the sponsor shall be liable for the obligations of the debtor to its creditors. C t I am 135. Extension of external management at the request of the Local Government Authority 1. The external management of the pre-forming organization may be extended by the arbitral tribunal for a period of not more than one year, with the application of a local government authority. 2. The basis for the extension of the external management of the pre-forming organization for the period provided for in paragraph 1 of this article may serve as a financial recovery plan for the forming organization. The financial recovery plan of the forming organization may include investment in its activities, employment of its workers, creation of new jobs and other means of restoring the solvency of the debtor- organization. 3. At the request of the local self-government body or involved in the bankruptcy case of the relevant federal executive authority or the executive branch of the constituent entity of the Russian Federation, provided that The period of external management of the pre-forming organization may be extended to 10 years, following the obligations of the debtor. The debtor and his or her sponsor shall then be obliged to proceed with the accounts with the creditors at no later than the time specified in paragraph 1 of this article. Failure to comply with the requirements of this paragraph is a ground for the debtor to be declared bankrupt and to open a competitive process. C and I am 136. To extinguate the creditors ' claims in the process of bailout 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The requirements of creditors for monetary obligations and mandatory payments in a manner other than those provided for by this Federal Law. 2. The satisfaction of the creditors ' claims shall be carried out in the order of priority established by article 106 of this Federal Law. 3. If the claims of creditors are satisfied with respect to monetary obligations and mandatory payments in the manner prescribed in paragraphs 1 and 2 of this article, the bankruptcy proceedings are to be terminated. C but I am 137. Company sales 1. In order to satisfy the creditors ' claims, the sale of the enterprise may be carried out in the course of external management. 2. If there is a request from the local government or involved in the bankruptcy of the relevant federal executive authority or the executive branch of the constituent entity of the Russian Federation, the sale of the enterprise is produced by means of a competition. 3. Mandatory conditions of the competition are: retention of jobs for at least 70 percent of the employees employed in the enterprise at the time of its sale; obligation of the buyer in the event of a change in the profile of the activity enterprises to re-train or employ these workers. The other conditions of the competition may be established only with the consent of the meeting of creditors in the manner provided for in article 14 of this Federal Law. 4. If the application referred to in paragraph 2 of this article has not been submitted or the enterprise has not been sold at the tender, the business is to be auctioned. C t I am 138. Sale of the property of the debtor recognized by the bankrupt 1. If the property of the debtor is sold as a bankrupt, the arbitration manager must put up for sale at first auction as a single property complex. 2. If the property of the debtor has not been sold in the manner prescribed in paragraph 1 of this article, the sale of the debtor's property shall be in accordance with the rules laid down in article 87 of this Federal Law. § 3. BANK OF AGRICULTURAL ORGANIZATIONS C. I am 139. General provisions 1. For the purposes of this Federal Act, agricultural organizations are defined as legal entities whose main activity is cultivation (production, production and processing) of agricultural products, proceeds from the implementation of the agricultural produce grown (produced, produced and processed) amounting to at least 50 per cent of the total revenue. 2. The peculiarities of the bankruptcy of agricultural organizations under this Federal Law also apply to fishing artel (collective farms) whose proceeds are derived from the sale of grown (produced, produced and processed) At least 70 per cent of total revenue is available for agricultural and water-produced biological resources. 3. In the case of the sale of real estate objects that are used for agricultural production and belong to an agricultural organization that is declared bankrupt, the right of acquisition of these objects shall, under the same conditions, take precedence belongs to agricultural organizations and peasant (farm) holdings in the area. 4. In the event of the bankruptcy of the agricultural organizations, their land may be alienated or moved to another person, the Russian Federation, the constituent entity of the Russian Federation or the municipal entity, to the extent that they have been eliminated. The turnover is permitted by land legislation. C and I am 140. Monitoring and external management 1. The monitoring of the financial condition of the agricultural organization should take into account the seasonality of agricultural production and its dependence on natural and climatic conditions, as well as the ability to meet the requirements of the income of the agricultural organization at the end of the relevant period of agricultural work. 2. The external management of the agricultural organization is introduced until the end of the relevant period of agricultural work, taking into account the time needed for the realization of the grown (produced, produced and processed) Agricultural products. This period may not exceed the time limit set by article 68, paragraph 4, of this Federal Act for more than three months. In the event of a decline and deterioration in the financial condition of the agricultural organization due to natural disasters, with epizootic and other extremely poor conditions, the period of time External management may be extended for one year. § 4. THE BANK OF CREDIT ORGANIZATIONS C) I am 141. Regulation of the bankruptcies of the credit organizations The relationship that arises in the case of a credit institution's failure to satisfy the creditors ' claims, this Federal Law is applied in part, not The regulated federal insolvency law (bankruptcy) of credit institutions. C t I am 142. The basis for the credit organization's acceptance bankrupt 1. The grounds for the credit institution's bankruptcy are determined by the federal insolvency law (bankruptcy) of credit institutions. 2. The statement on the recognition of the credit institution by bankrupt is accepted by the arbitral tribunal after the Bank of Russia revoked the banking license from the credit institution, unless otherwise provided by the federal law on the use of banking services. Bankruptcy (bankruptcy) of credit institutions. C t I am 143. Bankruptcy procedures for credit organizations 1. According to the results of the review of the application on the recognition of the credit institution by arbitration court, the arbitration court may decide to declare the credit institution bankrupt and to open a insolvency proceeding or a decision not to recognize the credit institution. The organization is bankrupt. 2. In the event of a decision by the arbitral tribunal to declare bankrupt the insolvency representative, the insolvency proceeding shall be carried out in accordance with the procedure established by this Federal Act, taking into account the circumstances provided for by the Federal Act on the Bankruptcy (bankruptcy) of credit institutions. § 5. THE BANK OF SURVEY ORGANIZATIONS C, I'm 144. Case concerning the bankruptcy of the insurance organization 1. In the case of bankruptcy of an insurance organization, the person involved in the arbitration shall be recognized as the State organ of the Russian Federation for the supervision of insurance activities. 2. The application for recognition of the insurance organization by bankrupt may be filed with the arbitral tribunal by the debtor, the insolvency representative, the public prosecutor and other authorized by the federal law of the State. C I am 145. Sale of the property complex of the insurance organization 1. The sale of the property complex of an insurance organization may be carried out in the course of external administration according to the rules laid down in Article 86 of this Federal Law. The property complex may be sold only with the agreement of the buyer to accept the insurance contracts on which the insurance event did not come before the moment of recognition The insurance company is bankrupt. 2. Only an insurance company can act as a buyer of the property complex of an insurance organization. 3. In case of sale of the property complex of an insurance organization in the course of external management, all rights and obligations under the insurance contracts are transferred to the insurance company by which, on the date of the sale of the property of the insurance organization, the insurance case is not I stepped in. C t I am 146. The right of the claims of the insured persons in the case of bankruptcy of insurance organizations 1. In the event of a decision by the arbitral tribunal to declare the insurance organization bankrupt and to open a competitive process, all the insurance contracts entered into by such an organization as the insurer and on which the insured event did not occur up to the date of adoption of the said decision shall cease, except as provided for in article 145, paragraph 1, of this Federal Act. 2. Insurers (beneficiaries) under insurance contracts terminated pursuant to paragraph 1 of this article are entitled to reclaim part of the insurance premium paid to the insurer in proportion to the difference between the time period The validity of the insurance policy and the period during which the insurance policy was in force, unless otherwise provided by the federal law. 3. Insurers (beneficiaries) under the insurance contracts on which the insurance occurred prior to the decision of the arbitral tribunal to admit the insurance company bankrupt and to open a insolvency proceeding, have the right to demand Payment of the insured amount. C and I am 147. Satisfactory of creditors of the fifth queue In case of adoption by the arbitral tribunal, the decision to declare bankruptcy of the insurance organization bankrupt, and the opening of a competitive process, the demands of the creditors of the fifth queue are subject to the following order of satisfaction: first of all-the requirements of the creditors under the contracts of compulsory personal insurance, as well as other contracts of compulsory insurance in terms of compensation for harm caused to life or the health of citizens; (In the wording of the Federal of the Law of 25.04.2002. N 41-FZ) second-queue-requirements of creditors for other mandatory insurance contracts; in the third place-claims of other creditors-holders (beneficiaries), including claims, Article 146, paragraph 2, of this Federal Law; , fourth, the claims of other creditors. § 6. PROFESSIONAL ' S BANK OF PROFESSIONAL PARTICIPANTS IN THE MARKETS OF MARKETS C T I am 148. Regulation of bankruptcy of professional securities market participants 1. In the case of bankruptcy of an organization or a citizen who is a professional participant in the securities market, the person participating in the arbitration shall recognize the State authority of the Russian Federation for the regulation of the securities market. paper. 2. The special features of bankruptcy procedures of professional participants of the securities market, which are not regulated by this paragraph, as well as measures to protect the rights and interests of the clients of the professional participants of the securities market may be provided for OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Federal laws and other legal acts of the Russian Federation establish the procedure for the prevention of bankruptcy and the holding of pre-trial procedures to restore the solvency of professional participants in the securities market. C, I am 149. The requirements of the arbitral tribunal The Arbitration Manager involved in the bankruptcy of a professional securities market participant should be licensed by an arbitral tribunal, as well as a certificate issued by the State party. The Russian Federation is a body of the Russian Federation to regulate the securities market. C t I am 150. Observation considerations 1. Restrictions on the transactions of a professional participant in the securities market under this Federal Act are not subject to transactions with securities of its clients. Customer assignments confirmed by the latter after the commencement of the bankruptcy proceedings. 2. The temporary manager is required to send within ten days from the moment of his appointment to the customers who handed over the securities market to the debtor-a professional participant of the securities market, notice of bankruptcy proceedings, and to become a temporary manager. The said notice indicates the details of the arbitration manager's license and the type and details of the certificate issued by the Russian Federation State Regulatory Authority for the Regulation of the Securities Market, and it is proposed to give an order on the actions, that you need to do with the securities that belong to the customer. C but I am 151. External management considerations and competitive 1. The securities and other property of the clients who are at the disposal of the professional participant of the securities market are not included in the tender mass. 2. From the moment of the introduction of the external management or competitive process, the remaining securities of the clients are to be returned to the customers, unless otherwise provided by an agreement of the external manager or insolvency representative with the clients. 3. If customer requirements for the return of their securities of the same type (one category, one type, one series) exceed the number of securities held by a professional market participant of the securities, the return of the specified securities to clients is carried out in proportion to the requirements of the customers. The requirements of customers in an unsatisfied part are recognized as monetary obligations and are satisfied (repaid) in the manner prescribed by chapter VI of this Federal Law. 4. In the course of the external management of an organization which is a professional member of the securities market, the external manager is entitled to transfer the securities transferred to this organization to the management of the clients, another organization with the appropriate license professional participant in the securities market, with the consent and on behalf of the clients. G L A V A IX. BANKRATE NATIONALITY § 1. GENERAL PROVISIONS C: I am 152. Regulation of a citizen's bankruptcy 1. The rules of chapters I to VII of this Federal Act apply to the relationship with the bankruptcy of a national, unless otherwise provided in this chapter. 2. The rules set out in this paragraph shall apply to relations relating to the bankruptcy of the individual entrepreneor and the bankruptcy of the peasant (farmer) economy, taking into account the particulars referred to in paragraphs 2 and 3 of this article. chapters. C but I am 153. A statement that a citizen is declared bankrupt 1. The application for the recognition of a citizen by a bankrupt may be filed with the arbitral tribunal by the debtor, the creditor, the prosecutor and the tax and other authorized bodies. 2. The right to apply for the recognition of a citizen is bankrupt, with the exception of creditors for claims for damages to life and health, recovery of maintenance, and other personal claims creditors. 3. In the application of the procedures for the bankruptcy of a citizen, the creditors are entitled to submit their claims on claims for compensation for harm caused to life and health, the recovery of maintenance and other claims of a personal nature. The requirements of those creditors not declared by them in the application of the national bankruptcy proceedings remain in force after the completion of the citizen's bankruptcy proceedings. C t I 154. Debt repayment plan 1. A citizen's application may be attached to the payment of his debts, copies of which are sent to creditors and other persons involved in the bankruptcy case. 2. In the absence of a creditor's objection, the arbitral tribunal may approve the payment plan, which is the basis for the suspension of the bankruptcy proceedings for a period not exceeding three months. 3. The debt repayment plan should include: the duration of its implementation; amounts of amounts retained monthly to the debtor and its family members for consumption; Repaymatory claims of creditors. 4. The arbitral tribunal has the right, on the basis of a reasoned request from the persons involved in the bankruptcy case, to modify the payment plan, including to increase or decrease the duration of the debt, amounts paid to the debtor and members of the family on a monthly basis Consumption. 5. If, as a result of the debtor's fulfilment of the debt repayment plan, the creditors are paid in full, the bankruptcy proceedings are to be terminated. C t I am 155. The property of a citizen not included in insolvency estate 1. The estate of the citizen shall not be included in the insolvency estate, for which, in accordance with the civil procedural legislation of the Russian Federation, no recovery can be made. 2. The arbitral tribunal may, on a reasoned request of a citizen and other persons involved in a bankruptcy case, exclude from the estate the property of the citizen, to which, in accordance with the civil procedural legislation of the Russian Federation, the Russian Federation The Federation may be subject to recovery, which is illiquid or the proceeds of which are not maternally affected by the claims of creditors. The total value of the property of a citizen excluded from the estate in accordance with the provisions of this paragraph may not exceed a hundred minimum wage. " The list of property of a national excluded from the insolvency estate in accordance with the provisions of this paragraph shall be approved by the arbitral tribunal, as shall be the subject of an appeal. C t I am 156. Invalidity of the transactions of a citizen Transactions of a citizen related to the alienation or transfer of other means of property of a national to the persons concerned one year prior to the commencement of bankruptcy proceedings by the arbitral tribunal, are null and void. Upon the creditor's request, the arbitral tribunal applies the consequences of the nullity of the void transaction in the form of the return of the property of the national who was the subject of the transaction to the property of the national or in the form of an application for recovery on the Relevant property held by the persons concerned. C and I am 157. Review by the arbitral tribunal of the case of bankruptcy 1. At the same time as the adoption of the application for the recognition of a citizen by a bankrupt, the arbitral tribunal shall arrest the property of the citizen, with the exception of the property which, in accordance with the civil procedural legislation of the Russian Federation, cannot Recovery. 2. At the request of a citizen, the arbitral tribunal may release the property of a citizen (a part of the property of a citizen) from arrest in the event of a guarantee or other enforcement of the obligations of the citizen by third parties. 3. According to the national, the arbitral tribunal may postpone the bankruptcy proceedings for not more than one month for the conduct of the citizen's calculation with creditors or the settlement of the settlement agreement. 4. If there was evidence of an inheritance in favour of a citizen, the arbitral tribunal was entitled to suspend the proceedings for bankruptcy pending the determination of the fate of the inheritance in the manner prescribed by the federal law. 5. If, in accordance with paragraph 3 of this article, the citizen has not submitted any evidence of satisfaction of the claims of the creditors and no settlement agreement has been concluded within that period, the arbitral tribunal shall decide whether to declare the citizen bankrupt and commencement of insolvency proceedings. C t I am 158. Consequences of a citizen's confession of bankruptcy 1. Since the award by the arbitral tribunal to declare a citizen bankrupt and to open a competitive process: the duration of the performance of the citizen's obligations is deemed to have occurred; penalties are discontinued. penalty), interest and other financial (economic) sanctions on all obligations of the citizen; , the penalty is terminated from the citizen on all the executive documents, with the exception of executive documents on claims of recovery of the Convention on the Rights of the Child health. 2. The decision to declare a citizen bankrupt and to open a competitive process to the arbitral tribunal shall forward to all known creditors with an indication of the duration of the creditor's submission of claims, which may not exceed two months. The award of the arbitral tribunal shall be made at the expense of the citizen. C t I am 159. Enforcement of the arbitral tribunal's decision 1. The decision of the arbitral tribunal to declare the citizen bankrupt and the commencement of the insolvency proceedings and the executive sheet on the application of the recovery of the citizen's property shall be forwarded to the bailiff for the sale of the property Debtor. All property of the citizen shall be liable, except for property not included in the estate under this Federal Act. 2. Where there is a need for the permanent administration of immovable property or a citizen's valuable movable property, the arbitral tribunal shall appoint a insolvency representative for the said purposes and shall determine the amount of its remuneration. In this case, the sale of the property of the citizen is carried out by the insolvency representative. 3. Cash proceeds from the sale of the property of a citizen, as well as available, shall be paid to the deposit of the arbitral tribunal which decided to declare the citizen bankrupt. C and I am 160. Consideration of creditor claims , the Arbitration Court considers claims by creditors or debtors in time pursuant to article 158 of this Federal Law. As a result of the review of the claims, the arbitral tribunal shall determine the manner and amount of satisfaction of the creditors ' claims. C but I am 161. Order of satisfaction of creditors ' claims 1. Pending the claims of creditors from the money deposited in the arbitral tribunal's deposit, the costs of bankruptcy proceedings and the enforcement of the arbitral tribunal's decision to declare a citizen bankrupt and the opening of the deposit are met. Competibidding process. 2. The creditors ' claims are granted in the following order: The requirements of the citizens to whom the citizen is responsible for causing harm to life and health, by capitalizing the relevant individuals, are satisfied first. The payment of the termination indemnity and the payment of the labour contract with the persons working under the contract, including the contract, and the payment of { \field { \field { \field { \field { \field { \field { \field } } claims by creditors on obligations secured by the pledge of the citizen's property; the requirements for mandatory payments to the budget and to extrabudgetary funds are met in the fourth place; the fifth line is calculated with other creditors. Calculations with creditors are carried out in the manner provided for in articles 107 to 111 of this Federal Law. 3. The requirements of each queue are satisfied after the requirements of the previous queue are fully satisfied. 4. In case of insufficient cash in the deposit of the arbitral tribunal, they are distributed among the creditors of the appropriate queue in proportion to their claims. C t I am 162. Release of a citizen from obligations 1. Upon completion of the calculation with the creditors, a national declared bankrupt shall be exempt from the further execution of the claims of creditors declared in the procedure for the recognition of a citizen bankrupt, except for those provided for in the procedure. 2 of this article. 2. Claims by creditors for compensation for harm caused to life and health, the claim for maintenance, as well as other personal claims that have not been liquidated in enforcement of the decision of the arbitral tribunal to declare the citizen bankrupt, or liquidated in part or not declared in the procedure for recognition of a citizen by a bankrupt, shall remain valid and may be brought after the completion of the proceedings for the bankruptcy of the national, respectively, in full or in the unpaid amount parts. 3. In the event of a finding of concealment of property by a citizen or the unlawful transfer of property to third parties, the creditor whose claims were not satisfied during the bankruptcy proceedings is entitled to submit a claim for the recovery of the property. C t I am 163. The effect of a second bankruptcy of a citizen 1. Within five years after a citizen has been declared bankrupt, a bankruptcy case cannot be reopened. 2. In case of rerecognition of a citizen by bankrupt, upon application by a creditor, a tax or other authorized body for mandatory payments within five years after the completion of the calculation with the creditors, such a citizen shall not be released from Further fulfilling the creditors ' claims. Unmet claims by creditors may be presented in accordance with the civil law of the Russian Federation. § 2. THE PARTICULAR BANK OF INDIVIDUAL ENTERPRISES C: I am 164. The basis for the recognition of the bankruptcy of the individual entrepreneinx of the bankrupt businessman is his inability to satisfy the creditors ' claims on monetary obligations and (or) fulfil the obligation to pay the mandatory payments. C, I am 165. Claim for individual bankrupt entrepreneo 1. The declaration of recognition of an individual entrepreneor may be filed by the debtor-an individual entrepreneor, creditor with obligations relating to business activities, tax and other authorized bodies the requirements for mandatory payments, as well as by the prosecutor. 2. In applying the bankruptcy proceedings of an individual businessman, his or her creditors for non-entrepreneurial obligations, as well as creditors on personal claims, are also entitled to submit their claims. C but I am 166. Consequences of recognizing the individual bankrupt entrepreneer 1. Since the award has been made by the arbitral tribunal to declare the individual entrepreneor bankrupt and to open a competitive process, his state registration as an individual entrepreneor is null and void. the licences granted to it for certain kinds of business activities. 2. An individual entrepreneor who has been declared bankrupt cannot be registered as an individual entrepreneor within one year of his bankruptcy. 3. The arbitral tribunal shall send a copy of the decision on the recognition of the individual entrepreneor to the bankrupt and the opening of a competitive proceeding to the organ that registered the citizen as an individual entrepreneor. § 3. THE PACIFIC BANK OF THE { \cs6\f1\cf6\lang1024 > } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } The grounds for the recognition of a peasant's (farm) enterprise Bankrupt is its inability to satisfy the creditors ' claims on monetary liabilities and (or) perform the obligation to pay the mandatory payments. C t I am 168. The peculiarity of the order of recognition of the individual entrepreneentrepreneor is the head of the peasant (farm) economy bankrupt 1. The application of the individual entrepreneor-head of the peasant (farming) economy to be declared bankrupt (hereinafter referred to as the declaration) may be filed with the arbitral tribunal, subject to the written consent of all members of the peasant (farming) household. The statement is signed by the individual entrepreneor, the head of the peasant (farm) household. 2. In addition to the documents provided for in article 34 of this Federal Act, documents must be enclosed: on the composition and value of the property of the peasant (farm) economy; on the composition and value of the property; Owned by the members of the peasant (farming) household on the right to own property, as well as the sources for which the property was acquired; the amount of income that can be obtained by the peasant (farm) household at the end of the relevant period of agricultural work. These documents are also attached by the individual entrepreneor, the head of the peasant (farming) household, to the withdrawal of the creditor application, the statement of the tax or other authorized body, or the prosecutor's statement. C but I am 169. { \b External } { \b } { \b } { \b } { \b } { \b The head of the peasant (farming) economy within two months of the application by the arbitral tribunal for the recognition of a peasant (farm) economy may be submitted to the arbitral tribunal a plan to restore the capacity to pay The peasant (farming) economy. 2. In the event that the implementation of the measures envisaged in the plan to restore the capacity to pay of the peasant (farming) economy enables the peasant (farm) economy, including through the proceeds that may be obtained by the end of the corresponding period of agricultural work, the payment of the requirements for monetary obligations and compulsory payments, the arbitration court introduces the external administration of the peasant (farmer) of the economy. On the introduction of the external administration of a peasant (farm) house by an arbitral tribunal, a determination is made, which can be appealed. 3. The external management of the peasant (farm) economy is introduced until the end of the relevant period of agricultural work, taking into account the time required for the realization of the grown (produced, produced and processed) Agricultural products. This period may not exceed the time limit set by article 68, paragraph 4, of this Federal Act for more than three months. In the event of a decline and deterioration in the financial condition of the peasant (farming) economy in the context of natural disasters, with epizootics and other extremely poor conditions, the period of time External management may be extended for one year. 4. The external management of the peasant (farm) economy may be terminated early by the arbitral tribunal upon application by the outside manager or by any creditor in the following cases: The solvency of the peasant (farm) economy; the existence of other circumstances that indicate that the capacity to pay of the peasant (farm) economy cannot be restored. The early termination of the external management of the peasant (farm) economy shall entail the recognition of his bankrupt and the opening of a competitive process. C and I am 170. External control 1. An external manager is appointed to manage the peasant (farm) household. 2. An external manager may be appointed to a person who does not have a licence to an arbitral tribunal. 3. The powers of the external manager may be exercised by the head of the peasant (farm) economy, with the consent of the external manager. C t I am 171. Competitive mass of a peasant (farm) farm 1. In case of recognition by an arbitral tribunal of a peasant (farming) household, the insolvency estate and the opening of a competitive process to the estate of the peasant (farming) household shall be included in the common property of members of the peasant family (farm) property, including plantations, economic and other buildings, reclamation and other facilities, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, stock and other property purchased for peasant (farmer) A farm for the general funds of its members, as well as the right to lease land and other property rights owned by the peasant (farm) economy and have a monetary value. 2. In the event of the bankruptcy of the peasant (farm) economy, a land plot owned by a peasant farm may alienate or transfer to another person, the Russian Federation, the constituent entity of the Russian Federation or the municipality Education, to the extent that its turnover is permitted by land legislation. 3. Property owned by the head of the peasant (farm) economy and members of the peasant (farm) household on the right to own property and other property that has been shown to have been acquired for non-general income by means of a peasant (farming) household, is not included in the estate. C t I am 172. The sale of the property of the peasant's (farming) household Unforestable property, as well as property rights in relation to immovable property belonging to the estate of a peasant (farm) household, may be Sold only for competition, which is a mandatory condition of which is the preservation of the targeted agricultural use of the objects being sold. C t I am 173. Consequences of the recognition of a peasant's (farm) farming) bankrupt 1. Since the decision on the recognition of a peasant (farm) economy bankrupt and the opening of a competitive process, the state registration of the head of the peasant (farm) economy as an individual entrepreneor is lost power. 2. The arbitral tribunal shall send a copy of the decision on the recognition of the peasant (farm) household by bankrupt and on the opening of the insolvency proceeding to the organ that registered it as an individual entrepreneor. G L A B A. BANKING PROCEDURES § 1. THE PARTICULAR BANK OF THE BANK OF THE LIQUIDITY MUST BE SHERED PAPER ' S 174. Bankruptcy of the debtor being liquidated 1. If the value of the property of the debtor, the legal entity in respect of which the liquidation decision is made, is insufficient to satisfy the creditors ' claims, such a legal entity shall be liquidated in the manner provided for by this Federal Law. 2. In the event that the circumstances referred to in paragraph 1 of this article are found, the liquidation commission (liquidator) is obliged to apply to the arbitral tribunal for the debtor's declaration of bankruptcy. 3. In the event of the determination of the circumstances referred to in paragraph 1 of this article, after the decision has been taken to liquidate the legal person and prior to the establishment of the liquidation commission (the appointment of the liquidator), the declaration of recognition of the debtor must be filed in The arbitral tribunal is the owner of the debtor-the unitary enterprise, the founder (the participant) of the debtor or the head of the debtor. C, I am 175. The details of the bankruptcy proceedings of the debtor in liquidation 1. The arbitral tribunal shall decide to declare the debtor in bankruptcy and to open a insolvency estate and appoint a insolvency representative. The responsibilities of the insolvency representative may be entrusted to the Chairman of the Liquidating Commission (liquidator), irrespective of the existence of the licence of the arbitration manager. 2. Creditors have the right to submit their claims against the debtor being liquidated within one month of the publication of the declaration of recognition of the debtor being liquidated. 3. In the case where the bankruptcy case is filed upon application by the owner of the property of the debtor-the unitary enterprise, the founder (participant) of the debtor or the head of the debtor submitted prior to the establishment of the liquidation commission (the appointment of the liquidator), Bankruptcy proceedings shall be considered without taking into account the particularities laid down in this paragraph. C, I am 176. Consequences of abandoning the debtor in bankruptcy procedure 1. The violation of the requirements of article 174, paragraph 2, of this Federal Act constitutes grounds for refusal to register a record of the termination of a legal person in a single public register of legal entities. 2. Property of the debtor-the unitary enterprise, the founder (s) of the debtor, the head of the debtor and the chairman of the liquidation commission (liquidator), who violated the requirements of article 174, paragraphs 2 and 3, of the debtor The federal law has a subsidiary liability for outstanding claims for monetary obligations and mandatory payments to the debtor. § 2. BANK MISSING This is me 177. Features of the application for recognition of the absent debtor In cases where the debtor is a citizen or the head of the debtor, a de facto terminated legal entity, is absent and established Their location is not possible, the declaration of recognition of the absent debtor may be filed by the creditor, the tax or other authorized body, and the prosecutor, irrespective of the size of the accounts payable. C t I am 178. Case concerning the bankruptcy of the absent debtor 1. The arbitral tribunal, within two weeks from the date of acceptance of the application for recognition of the absent debtor, shall decide whether to declare the absent debtor bankrupt and to open the insolvency proceedings. 2. The decision of the arbitral tribunal to recognize the missing debtor bankrupt and the commencement of the insolvency proceedings is forwarded to the State bankruptcy and financial rehabilitation authority, which is within one week from the date of receipt The decision shall be submitted to the arbitral tribunal by the insolvency representative. The arbitral tribunal may appoint a insolvency representative from among the employees of the public bankruptcy and financial recovery authority. 3. The insolvency representative shall notify in writing of the bankruptcy of the missing debtor of all the outstanding creditors of the absent debtor, who may submit their claims to the insolvency representative within one month of the date of receipt of the notification. 4. The arbitral tribunal may, upon application by a competitive insolvency administrator in the event that they discover the property of the absent debtor, declare the termination of the simplified bankruptcy proceedings and proceed to the general bankruptcy procedures provided for in the present report Federal law. C but I am 179. Allocating revenue 1. The satisfaction of the creditors ' claims shall be carried out in the order of priority provided for in article 106 of this Federal Law. Creditors have the right to challenge the outcome of their claims by the insolvency representative before the liquidation of the liquidation balance. 2. After settlements with creditors, the insolvency representative shall establish a liquidation balance and submit it to the arbitral tribunal, together with an account of its activities. 3. In the event that a insolvency estate is detected by the insolvency representative, the proceeds from the sale of such property shall be used to cover the costs of the costs of the proceedings and the expenses of the insolvency representative. If the insolvency representative was the employee of a public authority for bankruptcy and financial recovery, the amount of his/her remuneration, as well as the cost of the competition The State organ for bankruptcy and financial rehabilitation is listed. C t I am 180. Application of the bankruptcy provisions of the absent debtor The provisions of this paragraph shall also apply in cases where the property of the debtor of the legal person does not make it possible to cover the costs of the court expenses In the case of bankruptcy, or when transactions were not carried out in the accounts of the debtor in the last 12 months, or if there were other indications that there was no business or other activity of the debtor. H L A B I. THE VOLUNTARY ANNOUNCER ON THE BANK OF THE BANKER 'S BANK' S O ' 181. The grounds and conditions of the voluntary declaration bankruptcy of the debtor 1. If there is evidence of bankruptcy of the debtor, the head of the debtor may declare and liquidate the debtor. 2. The voluntary declaration of bankruptcy of the debtor and its liquidation may be made on the basis of a decision by the owner of the property of the debtor, a unitary enterprise or body authorized in accordance with the debtor's constituent instruments for adoption liquidation. 3. The debtor may voluntarily declare bankruptcy of the debtor and liquidate it only on the condition that all creditors of the debtor receive written consent. C, I am 182. The voluntary announcement of bankruptcy of the debtor and its liquidation 1. Under the conditions established by article 181 of this Federal Law, the head of the debtor shall publish in the Herald of the Supreme Arbitration Court of the Russian Federation and the official publication of the State bankruptcy authority; and Financial recovery is a voluntary declaration of bankruptcy of the debtor and its liquidation. In a voluntary declaration of bankruptcy of the debtor and its liquidation, it specifies a time limit for the application of creditors 'claims and creditors' defences against the liquidation of the debtor, which may not be less than two months from the date of publication the specified declaration. 2. The head of the debtor is under an obligation to review the creditors ' claims, to include them in the register of creditors, and to proceed with the calculation of creditors in the manner provided for in Chapter VI of this Federal Law, with the exception of those provisions The chapters that govern the operation of the arbitral tribunal in the course of a competitive proceeding. 3. Upon the liquidation of the debtor, the insolvency representative shall be the chairman of the liquidation commission (liquidator). C but I am 183. Objections by creditors against the liquidation of the debtor 1. If there is a written objection to at least one creditor of the debtor against the liquidation of the debtor, the debtor's head is obliged to apply to the arbitral tribunal for the debtor to be declared bankrupt within two weeks from the date of expiry of the debtor creditors 'claims and creditors' defences against the liquidation of the debtor. 2. Any creditor of the debtor at any time prior to the completion of the liquidation of the debtor may apply to the arbitral tribunal with a declaration that the debtor is insolvent. C t I am 184. Liability for breach of the procedure liquidation of the debtor In cases of violation of the requirements of articles 181 to 183 of this Federal Law, concealment of property by the debtor, unlawful transfer of property to the debtor The debtor-a unitary enterprise, the founder (s) of the debtor, the head of the debtor is liable to creditors to the extent of the unsatisfied claims of creditors. The creditors ' claims may be filed within ten years of liquidation of the debtor. G L A B A XII. CONCLUDING AND TRANSITIONAL PROVISIONS OF PROVISIONS C, I am 185. The enactment of this Federal Act 1. This Federal Act is enacted as of 1 March 1998. 2. Provisions on bankruptcy of citizens who are not individual entrepreneurs, as provided for by this Federal Law, are enforced from the moment of entry into force of the federal law on appropriate changes to Civil Code of the Russian Federation. 3. The provisions on licensing the activities of the arbitrators provided for in article 19 of this Federal Act shall be enforced as of 1 March 1999. Prior to the application of these provisions, persons who have received an anti-crisis management certificate in accordance with the established procedure may be appointed by the arbitral managers and may register with the appropriate arbitration tribunal. 4. In the event that the arbitral tribunal is not submitted to the arbitral tribunal in accordance with this Federal Act, the arbitral tribunal shall be entitled to appoint an arbitrator from the public authority in the case of the arbitral tribunal. bankruptcy and financial recovery of the latter. C but I am 186. Regulating relationships with bankruptcy 1. The law of the Russian Federation (Bankruptcy of the Congress of People's Deputies of the Russian Federation) of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, 6). 2. Until the laws and other legal acts in force in the territory of the Russian Federation are brought into conformity with this Federal Act, the laws and other legal acts shall be applied in so far as they do not contradict this Federal Act. The law. 3. Invite the President of the Russian Federation to bring his legal acts into conformity with this Federal Law. 4. To instruct the Government of the Russian Federation: to bring its legal acts into conformity with this Federal Law; to adopt legal acts giving the implementation of this Federal Law. 5. They may not be declared bankrupt in the manner provided for by this Federal Law, unitary enterprises that are not based on public or municipal property, which are subject to the rules on public enterprises in accordance with the law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Article 6, paragraph 5, of the Federal Law "On the Introduction of Part One of the Civil Code of the Russian Federation" (Legislative Assembly Russian Federation, 1994, 3302). C t I am 187. Application of this Federal Law by arbitration courts 1. This Federal Act is applied by the arbitral tribunals in cases of bankruptcy proceedings initiated on 1 March 1998. 2. Bankruptcy procedures under this Federal Law: external management, insolvency proceedings and settlement agreements-may be introduced in the bankruptcy court cases after 1 March 1998, regardless of the date Adoption of the proceedings. In this case, further consideration of the bankruptcy case is carried out in accordance with this Federal Law. C, I am 188. Bankruptcy of the organizations that carried out the illegal activity of attracting money of citizens 1. Organizations engaged in illegal activities to attract funds of citizens shall be subject to liquidation in accordance with the procedure set forth in paragraph 1 of chapter X of this Federal Act, with the characteristics provided for in this article. 2. The application for recognition of an organization that carried out illegal activities to attract funds of citizens may be filed with the arbitral tribunal by the debtor, the creditors, the public prosecutor, and the public authorities authorized under the law. with federal laws to act in defence of public and public interest. 3. The liquidation of an organization that carried out illegal activities to attract funds of citizens and the satisfaction of its creditors could be done only in the course of a competitive process. 4. The satisfaction of the creditors of the organization carrying out illegal activities to attract funds of citizens shall be carried out in the manner provided for in article 64 (1) Civil Code of the Russian Federation for the bankruptcy of credit institutions. 5. In case of insufficiency of the property of the debtor, the organization that carried out illegal activities to attract funds of citizens, to satisfy the requirements of the depositors of the depositors, the heads of the debtor-an organization that carried out illegal activities. activities to attract funds of citizens, and founders (participants) of the debtor-an organization that carried out illegal activities to attract funds of citizens, and jointly incurred subsidiary liability on demand of citizens-depositors. C t I am 189. Features of the bankruptcy of certain categories debtors Features of bankruptcy proceedings against natural monopolies and financial-industrial group members can be established Federal laws on natural monopolies and financial and industrial groups. President of the Russian Federation B. Yeltsin Moscow, Kremlin 8 January 1998 N 6-FZ