Insolvency (Bankruptcy)

Original Language Title: О несостоятельности (банкротстве)

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102050999

Expired-the Federal law from 26.10.2002 y. N 127-FZ of the RUSSIAN FEDERATION FEDERAL LAW on Insolvency (bankruptcy), passed by the State Duma December 10, 1997 year approved by the Federation Council of the year December 24, 1997 (as amended by the federal laws from 21.03.2002 N 31-FZ;
from 25.04.2002 N 41-ФЗ) Chapter i. General provisions s t a t b I 1. Relations regulated by the present Federal Law 1. In accordance with the Civil Code of the Russian Federation the present Federal law establishes the grounds of recognition of the debtor insolvent (bankrupt) or declaring debtor of its insolvency (bankruptcy), regulates the procedure and conditions for the implementation of measures for the prevention of insolvency (bankruptcy), an out of band management and bankruptcy proceedings and other relationships that arise when the debtor's inability to satisfy in full the requirements of lenders.
2. this federal law applies to all legal persons who are commercial organizations (with the exception of State enterprises) to non-profit organizations in the form of a consumer cooperative, charitable fund.
3. the relations associated with the insolvency (bankruptcy) of credit institutions, this federal law applies to the specifics of the Federal law on Insolvency (bankruptcy) of credit institutions.
4. Relations connected with insolvency (bankruptcy) of citizens, including registered as individual entrepreneurs shall be governed by this federal law. Rules governing the insolvency (bankruptcy) of the citizens, including registered as individual entrepreneurs, contained in other federal laws may only be applied after appropriate revisions and additions to the present Federal law.
5. If an international treaty of the Russian Federation stipulates other rules than those provided for in this federal law, the rules of the International Treaty of the Russian Federation.
6. the relations governed by this federal law, with the participation of foreign entities as creditors, the provisions of this federal law, unless otherwise provided in an international treaty of the Russian Federation.
7. Decisions of the courts of foreign States for the insolvency (bankruptcy) is recognized on the territory of the Russian Federation in accordance with international treaties of the Russian Federation.
In the absence of international treaties of the Russian Federation, decisions of the courts of foreign States for the insolvency (bankruptcy) are recognized on the territory of the Russian Federation on the basis of reciprocity, unless otherwise stipulated in the Federal law.
T s t b I 2. The basic concepts used in the present Federal law for the purposes of this federal law uses the following concepts: insolvency (bankruptcy) recognized by the Court of arbitration or the failure of the debtor of the debtor declared fully satisfy the claims of creditors on monetary obligations and (or) to fulfill the obligation to pay obligatory payments (hereinafter-bankruptcy);
debtor-citizen, including individual entrepreneur or legal person, unable to satisfy the claims of creditors on monetary obligations and (or) to fulfill the obligation to pay the mandatory payments within the time limit prescribed by this federal law;
a monetary obligation-obligation of the debtor to pay the lender a certain amount of money on civil law contracts and on other grounds stipulated by the Civil Code of the Russian Federation;
mandatory payments-taxes, fees and other mandatory contributions to the appropriate level and in the extra-budgetary funds in the manner and under the conditions determined by the legislation of the Russian Federation;
the head of the debtor, the sole executive body of a legal person, as well as other persons carrying out, in accordance with the federal laws on behalf of the legal entity without power of Attorney;
competitive lenders-lenders money obligations, with the exception of citizens to whom the debtor is liable for injury caused to life and health, as well as founders (participants) of the debtor-legal entity for liabilities arising from such participation;
pre-trial readjustment-measures to restore the solvency of the debtor, taken by the owner of the property of the debtor-enterprise, the founders of (or participants in) the debtor is a legal person, the debtor's creditors and other persons in order to prevent bankruptcy;
observation-bankruptcy procedure, apply to the debtor from the date of acceptance by Arbitration Court of an application for recognition until the debtor bankrupt, determined in accordance with this federal law in order to safeguard the property of the debtor and the debtor's financial condition analysis;

out of band management (judicial sanation)-bankruptcy procedure, apply to the debtor in order to restore its solvency, with the transfer of authority for the management of the debtor to an external Manager;
the receivership-bankruptcy procedure, apply to the debtor, bankrupt, to commensurate satisfaction of the claims of creditors;
trustee (temporary administrator, insolvency administrator, trustee)-the person appointed by the Court of arbitration for conducting bankruptcy procedures and the implementation of other functions prescribed by this federal law;
temporary administrator-the person appointed by the Court of arbitration for monitoring, implementation of measures to ensure the preservation of the debtor's property and other powers stipulated by this federal law;
the insolvency administrator-the person appointed by the Court of arbitration for an external management and implementation of other functions prescribed by this federal law;
trustee-the person appointed by the arbitral tribunal for the conduct of the bankruptcy proceedings and the exercise of other powers stipulated by this federal law;
the suspension of the moratorium the debtor money obligations and payment of obligatory payments;
the representative of the employees of the debtor-a person authorized by the employees of the debtor to represent their interests in conducting bankruptcy procedures.
T s t b I 3. Signs of bankruptcy 1. Citizen is considered unable to meet the demands of creditors on monetary obligations and (or) to fulfill the obligation to pay obligatory payments, if the relevant commitments and (or) responsibilities are not fulfilled within three months after the date of their execution, and if the amount of its liabilities exceed the value of the property belonging to him.
2. a legal person shall be considered unable to meet the demands of creditors on monetary obligations and (or) to fulfill the obligation to pay obligatory payments, if the relevant commitments and (or) responsibilities are not fulfilled within three months after the date of their execution.
3. The provisions of paragraphs 1 and 2 of this article shall apply, unless otherwise provided for in this federal law.
T s t b I 4. The composition and size of the monetary obligations and mandatory payments 1. The composition and size of the monetary obligations and mandatory charges are determined at the time of filing in bankruptcy court a declaration of acceptance of the debtor bankrupt, unless otherwise stipulated by this federal law.
2. To determine whether signs of bankruptcy the debtor takes into account the size of the monetary obligations, including the size of the debt for the transferred goods, performed works and rendered services, loan amount with interest payable by the debtor, except for obligations to citizens, to whom the debtor is liable for injury caused to life and health, obligations on payment of royalties, as well as obligations to the founders of (or participants in) the debtor-legal entity arising from such participation. Payable for nonperformance or improper performance of a monetary obligation of the penalties (fines, penalty) are not taken into account when determining the amount of the monetary obligations.
3. To determine whether signs of bankruptcy the debtor takes into account the size of the mandatory payments without consideration of the established by the legislation of the Russian Federation fines (penalties) and other financial (economic) sanctions.
4. the amount of the monetary obligations to creditors is considered established if it is confirmed by a final decision of a court or documents indicating acceptance by the debtor to those requirements, as well as in other cases stipulated by this federal law.
5. In cases where the debtor disputes the claims of creditors, the size of the monetary obligations and (or) mandatory payments is determined by the Arbitration Court in the manner provided for in article 63 of this federal law.
T s t b I 5. Bankruptcy cases 1. Bankruptcy case shall be considered by the Arbitration Court.
2. A bankruptcy case may be brought by the Court of arbitration if a claim against the debtor-legal entity collectively account for no less than five hundred, and the debtor-citizen-not less than 100 times the minimum wage, unless otherwise stipulated by this federal law.
T s t b I 6. The right to appeal to the Court of arbitration 1. The right of recourse to the arbitral tribunal a statement of recognition of the debtor bankrupt, in connection with the failure of monetary obligations have the debtor, creditor and Attorney.
2. The right of recourse to the arbitral tribunal a statement of recognition of the debtor bankrupt in connection with failure to perform the obligation to pay the mandatory payments have the debtor, Attorney, tax and other authorized in accordance with the Federal law authorities (hereinafter referred to as the other authorized organs).
3. a statement of recognition of the debtor bankrupt may be submitted to an arbitral tribunal and other persons in cases stipulated by this federal law.
T s t b I 7. The debtor

1. the debtor-legal entity refers to the arbitral tribunal a statement of the debtor on considering a debtor bankrupt (hereinafter referred to as the debtor application) on the basis of the decision of the authority designated in accordance with the founding documents of the debtor to make a decision about liquidation of a debtor, any decision of the authority authorized by the owner of the property of the debtor-enterprise, unless otherwise stipulated by this federal law.
2. the debtor may apply to the Court of arbitration with the debtor's statement in anticipation of bankruptcy under the circumstances obviously indicating that he will not be able to fulfill financial obligations and (or) the obligation to pay obligatory payments in due time.
3. A statement of the debtor may be filed by the debtor in bankruptcy court in the presence of the debtor's property, enough to cover court costs, unless otherwise stipulated by this federal law.
T s t b I 8. Responsibility for the application of the debtor in the Court of arbitration 1. The head of the debtor or an individual entrepreneur is obliged to apply the debtor in bankruptcy court in the following cases: when one lender satisfaction or more creditors leads to impossibility of performance of monetary obligations of the debtor in full before other creditors;
When the debtor's body, authorized in accordance with the founding documents of the debtor to make a decision about liquidation of a debtor, the decision of the arbitral tribunal a statement of the debtor;
When a body authorized by the owner of the property of the debtor-enterprise, decided to apply to the arbitral tribunal a statement of the debtor;
in other cases stipulated by this federal law.
In the cases provided for in this paragraph, a statement of the debtor is filed by the debtor in bankruptcy court, irrespective of the existence of circumstances stipulated in paragraph 3 of article 7 of this federal law.
2. the head of the debtor, the liquidation Commission (liquidator) are obliged to apply to the arbitral tribunal a statement of the debtor, if during the liquidation of a legal person established the impossibility of satisfying the claims of creditors in full.
3. A statement of the debtor must be sent to the bankruptcy court in the cases provided for by this article, not later than one month from the moment of occurrence of the relevant circumstances.
T s t b I 9. Responsibility of the head of a debtor for failure to perform obligations under the application of the debtor in the Court of arbitration 1. Failure by the debtor to the statements of the debtor in cases and the period provided for in article 8 hereof, shall be the subsidiary responsibility of the head of the debtor, the members of the liquidation Committee (liquidator) of the debtor's obligations before the creditors arising after the expiry of the period stipulated in paragraph 3 of article 8 hereof.
2. the head of the debtor, the members of the liquidation Committee (liquidator), involved a breach of the requirements of article 8 hereof, may be deprived of the right to hold managerial positions and (or) carry out entrepreneurial activities to manage entities (disqualified) for the period and in the manner established by federal law.
3. In cases stipulated by the Federal law, the head of a debtor-natural person, as well as individual entrepreneur may be held criminally liable.
T s t b I 10. Fictitious bankruptcies and bankruptcy 1. If the debtor's statement filed by the debtor in bankruptcy court if the debtor the opportunity to satisfy the claims of creditors in full (a fictitious bankruptcy), the debtor filed the application, shall be liable to the creditors responsible for the damage caused by the filing of such a statement.
2. In the event of bankruptcy of the debtor through the fault of its founders (or participants) or other persons, including the debtor's Chief fault, having the right to give instructions obligatory for the debtor or are able to otherwise determine its validity (bankruptcy), the founders (participants) of the debtor-legal entity or other persons in the event of failure of the debtor's property may be assigned subsidiary liability for its obligations.
3. In cases stipulated by the Federal law, the head of the debtor may be held criminally liable and (or) disqualified.
T s t b I 11. Lenders cash obligations 1. Creditors of monetary obligations (hereinafter referred to as the creditors) are Russian and foreign physical and legal persons, as well as the Russian Federation, constituent entities of the Russian Federation and municipal entities.
2. The right of a creditor to submit an application for recognition of a debtor bankrupt (hereinafter referred to as the statement of the lender) persons recognized in accordance with this federal law bankruptcy creditors.
The right to submit an application by the creditor in the bankruptcy court on behalf of the Russian Federation, constituent entities of the Russian Federation, the municipality have authorized bodies of State power and bodies of local self-government.

3. To tax and other authorized bodies apply the rules on creditors, unless otherwise stipulated by this federal law.
4. during the bankruptcy proceedings, the interests of all creditors are meeting of creditors and the creditor committee, formed in accordance with this federal law. Since the adoption of the Arbitration Court to produce a declaration of acceptance of the debtor bankrupt lenders do not have the right to apply to the debtor in order to satisfy their claims individually.
All actions against the debtor on behalf of creditors carried out Assembly of creditors and the creditor committee.
T s t b I 12. Meeting of creditors 1. Participants of meeting of creditors with voting rights are competitive lenders, and in cases stipulated by this federal law, part of the requirements for mandatory payments tax and other authorized bodies. At the meeting of creditors involved employee representative of the debtor.
Organization and holding of the meeting of creditors shall be implemented by the insolvency administrator.
2. the competence of the meeting of creditors are: 1) the decision on the introduction and extension of the out of band management and about the treatment of the relevant application to the Court of arbitration;
2) decision on the conclusion of a settlement agreement;
3) decision on the treatment of the Arbitration Court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings;
4) adoption of the decision on election of the members of the creditors Committee, determining the composition of the creditor committee and on early termination of powers of the creditors ' Committee;
5) to resolve other issues stipulated by this federal law.
3. Competitive lender, and in cases stipulated by this federal law, part of the requirements for mandatory payments tax and other authorities have at the creditors ' meeting a number of votes proportional to the sum of the requirements of a competitive lender, tax or other authorized body to the debtor on the monetary liabilities and (or) mandatory payments recognized in accordance with this federal law established on the date of the meeting of creditors.
4. unless otherwise provided for in this federal law, the creditors meeting is competent regardless of the number of votes represented therein competitive lenders, provided that notice of the time and place of meeting of creditors competitive lenders were properly notified.
T s t b I 13. The procedure for convening the meeting of creditors 1. A meeting of creditors is convened on the initiative of the court-appointed trustee, request the Committee of creditors, bankruptcy creditors and (or) tax and other authorized bodies, whose claims of monetary obligations and (or) obligatory payments shall be not less than one third of the total amount of claims entered in the register of creditors ' claims, either on the initiative of one third of the number of bankruptcy creditors.
2. A meeting of creditors on request of the Committee of creditors or bankruptcy creditors is convened by the insolvency administrator within two weeks from the date of the creditors ' Committee or bankruptcy creditors with the corresponding requirement for arbitration to the Manager.
3. A meeting of creditors is held at the location of the debtor, unless otherwise established by the meeting of creditors, or the creditors ' Committee.
T s t b I 14. Decision-making Assembly of creditors 1. Decisions of the meeting of creditors on the matters raised by the vote shall be taken by a majority of votes from the number of votes of the bankruptcy creditors attending the meeting of creditors, unless otherwise stipulated by this federal law.
2. The majority of voices from the total number of votes of the bankruptcy creditors meeting shall be taken by the following decisions: the introduction and extension of external management or to apply to the bankruptcy court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings;
on submission of your appeal to the Arbitration Court about dismissal of the liquidator.
3. If the creditors meeting, convened to address the issues contained in paragraph 2 of this article are not submitted required for making these decisions number of votes bankruptcy creditors, convenes the repeated meeting of creditors, which is competent to take such decisions by a majority of votes from the number of votes of the bankruptcy creditors present at the meeting, provided that notice of the time and place of meeting of creditors competitive lenders were properly notified.
T s t b I 15. Register of creditors 1. Register of creditors ' claims leads the trustee.
2. claims of creditors in the registry contains information about each lender, the amount of its cash requirements obligations and (or) mandatory payments of priority meet each requirement.
3. Disagreements between bankruptcy creditors, tax and other authorized bodies and by the insolvency administrator, about the composition, size and priority meet the requirements on monetary obligations and (or) obligatory payments shall be considered by the Arbitration Court in the manner prescribed by this federal law.

4. Differences arising between a representative of the employees of the debtor and the insolvency administrator of arbitration on the composition and size requirements for pay and severance allowances to persons working under employment contracts (contracts) shall be considered by the Arbitration Court in the manner prescribed by this federal law.
T s t b I 16. The creditors Committee 1. The creditors Committee represents the interests of competitive lenders and oversees the actions of the external Manager and the bankruptcy trustee in the manner prescribed by this federal law.
2. If the number of bankruptcy creditors less than fifty, the decision of the meeting of creditors may be provided for the assigning of the function of the Committee of creditors at the creditors meeting.
3. The creditor committee to perform its functions has the right to demand from the external Manager: provide information about the financial state of debtor and the external control;
demand from the bankruptcy trustee to provide information about the course of the bankruptcy proceedings;
appeal to the Court of arbitration of the actions of the external Manager and the bankruptcy trustee in cases stipulated by this federal law.
4. the creditor Committee might be included representatives of bankruptcy creditors in number, to be determined by the meeting of creditors, but not more than eleven persons.
5. decisions of the Committee of creditors shall be taken by a majority vote of the total number of members of the creditor committee.
T s t b I 17. The Election Committee of creditors 1. Members of the creditors ' Committee shall be elected by the Assembly of creditors during the out of band management and bankruptcy proceedings.
By the decision of the meeting of creditors, the powers of all the members of the creditors ' Committee may be terminated prematurely. Such a decision may only be taken in respect of all the members of the creditors ' Committee.
2. election of the creditors ' Committee are implemented by cumulative voting.
Creditor's claim for monetary obligations and (or) mandatory payments in the amount of ten times the minimum wage gives the lender the right to a number of votes equal to the number of members of the Committee of creditors, unless otherwise stipulated by a decision of the meeting of creditors. The lender has the right to give his vote for one candidate or distribute them among several candidates for the members of the creditors ' Committee.
The persons elected to the Committee shall be those nominees who obtain the largest number of votes.
3. the members of the creditors ' Committee may elect a Chairman from among its members the Committee of creditors.
If the creditor more than five members of the Committee, the Chairman of the creditors ' Committee is elected.
T s t b I 18. Stakeholders 1. Interested persons in respect of the debtor are recognised: the legal entity that is a parent or child of the debtor in accordance with the civil legislation of the Russian Federation;
the head of the debtor, as well as members of the Board of Directors (Supervisory Board) of the debtor, the debtor's collective executive body, Chief Accountant (Accountant) of the debtor, including the released of his duties for one year before the moment of institution of proceedings on bankruptcy.
Interested persons in respect of the debtor are also those individuals listed in this paragraph, as defined in paragraph 2 of this article.
2. For the purposes of this federal law under the stakeholders with respect to citizen refers to his spouse, relatives in the direct ascending and descending lines, sisters, brothers and their descendants, brothers and sisters of a spouse.
3. In cases stipulated by this federal law, persons concerned with respect to the court-appointed trustee, creditors are determined in the manner provided for in paragraphs 1 and 2 of this article.
T s t b I 19. Court-appointed Trustees 1. Unless otherwise stipulated by this federal law, by the insolvency administrator (temporary administrator, external managers, the insolvency administrator) the arbitral tribunal may be appointed natural person registered as an individual entrepreneur, possessing special knowledge and not an interested person in respect of the debtor and creditors.
2. arbitration managers operate under licenses issued by the court-appointed trustee by the public authority of the Russian Federation on bankruptcy and financial health (hereinafter referred to as the State authority on bankruptcy and financial health) in the manner prescribed by federal law and other legal acts of the Russian Federation, unless otherwise stipulated by this federal law.
Review in accordance with established federal law liquidator licence during the period of his term of Office by the insolvency administrator is grounds for dismissal by the Court of arbitration of the arbitration Manager from performing his duties.
3. By the insolvency administrator may not be imposed on:

persons who were previously managing the Affairs of the debtor-legal entity, except where the person in question since its removal from the property management Department of the debtor was not less than three years;
persons in respect of whom there are restrictions on the activities of the Administration and (or) other assets (disqualified persons);
individuals with criminal records.
4. A person who has received a license from the court-appointed trustee is required to register at least one arbitral tribunal, appointed by which it agrees to perform the duties of the liquidator.
Its registration of trustee notifies the public agency on bankruptcy and financial recovery.
T s t b I 20. The rights and duties of Trustees 1. Trustee in bankruptcy has the right to convene a meeting of creditors and the creditor Committee;
appeal to the Court of arbitration in cases stipulated by this federal law;
receive remuneration in the amount and pursuant to the procedure prescribed by this federal law;
engage to ensure the implementation of its powers to other persons on a contractual basis with payment of their activities from the funds of the debtor, unless otherwise stipulated by this federal law or an agreement with the creditors;
submit to the Arbitration Court of the pre-term termination of the performance of their duties.
2. the trustee shall: take steps to protect the property of the debtor;
analyze the financial condition of the debtor;
analyze financial, economic and investment activity of the debtor, his position in commodity markets;
consider the alleged claims of creditors;
to exercise other functions prescribed by this federal law.
3. In the exercise of their rights and obligations a court-appointed trustee is required to act reasonably and in good faith, taking into account the interests of the debtor and its creditors.
T s t b I 21. Liquidator's liability 1. Non-fulfilment or improper fulfilment of the responsibilities entrusted to the arbitration administrator in accordance with this federal law, which caused damages to the debtor or creditors, may be grounds for revocation of the license of the insolvency administrator. Other grounds for revoking the license of an arbitration Manager can be set by federal law.
The decision of the public authority on bankruptcy and financial recovery of arbitration Manager license revocation may be appealed to the Arbitration Court.
2. Non-fulfilment or improper fulfilment of the responsibilities entrusted to the arbitration administrator in accordance with this federal law, in the absence of the consequences envisaged in paragraph 1 of this article may constitute grounds for dismissal by the Court of arbitration of the arbitration Manager from performing his duties.
3. the debtor and its creditors may require the liquidator for damages caused by actions (inaction) of the insolvency administrator, in violation of the legislation of the Russian Federation.
T s t b I am 22. The remuneration of the liquidator 1. Liquidator's remuneration for each month of the exercise of its powers shall be determined by the meeting of creditors and (or) approved by the arbitral tribunal, unless otherwise stipulated by this federal law.
Federal laws and other legal acts of the Russian Federation or in the order of their prescribed, may be determined by the minimum and maximum pay of court-appointed Trustees.
Remuneration by the insolvency administrator is determined by the legal acts of the Russian Federation or in the rules they establish.
2. in cases provided for by federal laws and other legal acts of the Russian Federation, arbitration managing the additional remuneration paid by results of its activity.
3. unless otherwise stipulated by this federal law or an agreement with creditors, the remuneration of persons engaged by the insolvency administrator for its operation, shall be paid from the assets of the debtor.
4. the trustee may contract with a specialized fund to State authority on bankruptcy and financial health, which guarantees obtaining minimum remuneration by the insolvency administrator, established in accordance with this federal law. The conditions and procedure for the conclusion of the Treaty establishes the public authority on bankruptcy and financial recovery.
T s t b I 23. Bankruptcy procedure 1. In the case of bankruptcy the debtor of a legal person, the following procedures shall apply to bankruptcy: surveillance;
external management;
bankruptcy proceedings;
the settlement agreement;
other bankruptcy procedure stipulated by this federal law.
2. In the case of bankruptcy of the debtor who is a citizen of, the following procedures shall apply to bankruptcy: bankruptcy proceedings;
the settlement agreement;
other bankruptcy procedure stipulated by this federal law.

T s t b I 24. The debtor's Declaration of bankruptcy in the absence of any objection of creditors, the debtor-legal entity may declare bankruptcy and voluntary liquidation in accordance with the procedure stipulated by this federal law.
T s t b I 25. Public authority on bankruptcy and financial recovery of 1. The State policy to prevent bankruptcies, as well as ensuring implementation of bankruptcy procedures in accordance with this federal law carries out the State authority on bankruptcy and financial recovery.
2. The public authority on bankruptcy and financial recovery of: approves the requirements for legal persons who carry out work as court-appointed Trustees;
conducts licensing of citizens as appointed Trustees and conducts review licenses Trustees;
organizing the training of court-appointed Trustees;
provides an implementation of the bankruptcy procedure missing debtor;
promotes the establishment of institutional, economic and other conditions necessary for the realization of procedures of bankruptcy;
maintains records and solvency analysis of large and economically or socially relevant organizations, to submit proposals on financial recovery of these organizations in the Government of the Russian Federation;
prepare on request of the Court of general jurisdiction, Arbitration Court, Prosecutor or other authorized body conclusion on the existence of signs of fictitious bankruptcy or deliberate bankruptcy;
publishes within its competence, established by this federal law, the required clarifications on the implementation of the procedures of bankruptcy;
exercise any other powers conferred on him by this federal law, other federal laws and legal acts of the Russian Federation.
3. Public Authority on bankruptcy and financial recovery forms the territorial authorities, the powers of which are within the competence of the public authority on bankruptcy and financial recovery.
4. Public Authority on bankruptcy and financial health has the right to implement the provisions of this Federal Act insolvency procedure is introduced in relation to the missing of the debtor, as well as to create additional guarantees of activity of court-appointed Trustees to create a dedicated Fund. Provision of a dedicated Fund with the State authority on bankruptcy and financial health is approved by the Government of the Russian Federation.
CHAPTER II. WARNING of BANKRUPTCY with t a t b I 26. Measures to prevent bankruptcy organizations 1. Founders (participants) of the debtor-legal entity, the owner of the property of the debtor-enterprise, federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, local authorities are obliged to take timely measures to prevent bankruptcy of organizations.
2. in order to prevent the bankruptcy of the organizations founders (participants) of the debtor-legal entity, the owner of the property of the debtor-Enterprise until the bankruptcy court filing declarations of acceptance of the debtor bankrupt shall take measures aimed at the debtor's financial recovery. Measures aimed at financial improvement of the debtor may be taken by creditors or other persons on the basis of an agreement with the debtor.
3. it is not allowed to publish or otherwise disclose information about the bankruptcy of the debtor until the publication of the decision of the Court of arbitration on the recognition of the debtor bankrupt.
Persons who breach this requirement, responsibility, established by federal law.
T s t b I 27. Pre-trial readjustment 1. The owner of the property of the debtor-enterprise, the founders of (or participants in) the legal person debtor, creditors of the debtor-legal entity and other entities as part of measures to prevent the bankruptcy of the debtor may be able to receive financial assistance in an amount sufficient to repay cash commitments and payments and the restoration of debtor's solvency (pre-trial sanation).
2. Financial assistance may be accompanied by the debtor or other person obligations in favour of persons providing financial assistance.
3. conditions of pretrial rehabilitation at the expense of the federal budget and State non-budgetary funds are established by the Federal law on the federal budget for the respective year and federal laws on the budgets of State non-budgetary funds for the relevant year.
4. conditions of pretrial rehabilitation at the expense of the budgets of the constituent entities of the Russian Federation, local budgets and extra-budgetary funds are established by the relevant State authorities of the constituent entities of the Russian Federation and bodies of local self-government in accordance with federal and other laws.
CHAPTER III. Bankruptcy PROCEEDINGS in BANKRUPTCY COURT with t a t b I 28. The order of consideration of bankruptcy cases

1. Bankruptcy legal entities and citizens, including registered as individual entrepreneurs shall be considered by the Arbitration Court according to the rules stipulated by arbitration procedural code of the Russian Federation, with the characteristics established by this federal law.
2. Features of consideration of bankruptcy cases established in this chapter shall apply, unless otherwise provided for in other chapters of this federal law.
T s t b I 29. Jurisdiction and jurisdiction over bankruptcy cases 1. Bankruptcy legal entities and citizens, including individual entrepreneurs, considering the Arbitration Court at the location of the debtor-legal entity and at the place of residence of the citizen.
2. A declaration accepting the debtor bankrupt, was adopted by the Court of arbitration if a claim against the debtor-legal entity collectively account for no less than five hundred, and the debtor to the citizen-not less than 100 times the minimum wage and the specified requirements are not redeemed within three months, unless otherwise stipulated by this federal law.
3. Bankruptcy case cannot be brought before the arbitral tribunal.
T s t b I 30. Persons involved in the bankruptcy case, Persons involved in the bankruptcy case, are: the debtor;
trustee;
competitive lenders;
tax and other authorities on the requirements on obligatory payments;
the Prosecutor in the case of bankruptcy on his application;
public authority on bankruptcy and financial recovery in the cases stipulated by this federal law;
other persons in the cases provided for in this federal law.
T s t b I am 31. Those involved in the arbitration process of bankruptcy proceedings in the arbitration process of the bankruptcy case are involved: the representative of the employees of the debtor;
the representative of the owner of the property of the debtor-Enterprise;
other persons in the cases provided for by the arbitration procedure code of the Russian Federation and the present Federal law.
T s t b I 32. Grounds for the commencement of bankruptcy proceedings 1. Bankruptcy proceedings are instituted by the arbitral tribunal on the basis of the declarations of acceptance of the debtor bankrupt, filed by a person with the right to appeal to the Court of arbitration, in accordance with article 6 of this federal law.
2. A declaration accepting the debtor bankrupt in connection with failure to perform duties to pay obligatory payments may be made to the Court of arbitration of tax and other authorized body, including the Pension Fund of the Russian Federation, the Federal compulsory medical insurance fund, social insurance fund of the Russian Federation, the State Employment Fund of the Russian Federation.
T s t b I am 33. A statement of the debtor 1. Debtor application is filed to the Arbitration Court in writing. The statement is signed by the debtor, the Manager, respectively, of the legal person or the person replacing him, either by the debtor-citizen.
2. the statement of the debtor must include: the name of the Arbitration Court, in which the application is filed;
amount of creditors ' claims on monetary liabilities in the amount of which is not disputed by the debtor;
the amount of debt to reimburse for damage caused to life and health, pay and termination benefits employees of the debtor, the amount of remuneration due to payment of copyright treaties;
the size of the debt on obligatory payments;
prove the impossibility to satisfy the claims of creditors in full;
for information on the measures taken for the production of courts of general jurisdiction, arbitration courts, arbitral tribunals claim statements to the debtor, as well as on the Executive and other documents presented to the undisputed (bezakceptnomu) write-off;
information about the debtor's existing assets, including cash and accounts receivable;
the debtor's accounts in banks and other credit organizations, postal addresses of banks and other credit organizations;
information about the debtor's assets have, enough to cover court costs of the bankruptcy case;
list of annexed documents.
In a statement, the debtor shall state and other information necessary for the correct resolution of bankruptcy cases, and can also contain the debtor's existing applications.
3. in the application of the debtor-citizen shall also indicate information about the debtor's obligations not connected with entrepreneurial activity.
4. the debtor is obliged to send a copy of the statement of the debtor to creditors and other persons involved in the bankruptcy case.
T s t b I 34. Documents annexed to the statement of the debtor 1. In addition to the documents required by the arbitration procedure code of the Russian Federation, to the debtor are attached documents certifying: debt, as well as the inability of the debtor to satisfy the claims of creditors in full;
other circumstances in which the statement of the debtor.
2. the application of the debtor are:

the list of creditors and debtors of the applicant with a breakdown of Payables and receivables, debts and the mailing addresses of creditors and debtors of the applicant;
balance sheet for the last reporting date or substituting documents, documents on the composition and value of the property of the debtor-citizen;
the decision of the owner of the property of the debtor-enterprise or founders (participants) of the debtor-legal entity on the treatment of the debtor in bankruptcy court, a statement of the debtor unless, in accordance with this federal law specified treatment is required;
minutes of the meeting of employees of the debtor where the debtor employee representative elected to participate in the arbitration process in bankruptcy if the meeting held prior to the filing of the petition of the debtor.
T s t a n I 35. The lender's statement 1. The lender's statement is filed in Arbitration Court in writing. Statement by the creditor is a legal person is signed by its Manager or representative, and the lender's statement-citizen-citizen or his representative.
2. in the statement by the lender must include: the name of the Arbitration Court, in which the application of the creditor;
name (surname, name, patronymic) debtor and its postal address;
name (surname, name, patronymic name) creditor and its postal address;
the size requirements of the creditor to the debtor the amount payable interest and penalties (fines, penalty);
the obligation of the debtor to the creditor, out of which the claim arose, as well as the time of its execution;
evidence to substantiate claims of a creditor, including a decision entered into legal force Court, evidence recognition of these requirements by the debtor, the Executive inscription of notary;
evidence of the founding statement of the lender;
list of annexed documents creditor application.
In a statement the lender lists and other information necessary for the correct resolution of bankruptcy cases, and can also contain your existing lender application.
3. the creditor is obliged to send a copy of the statement by the creditor to the debtor.
T s t b I 36. Association of creditors 1. The lender's statement may be based on a consolidated debt on various obligations.
2. creditors may combine their claim against the debtor and to apply to the Court with a statement of the lender. Such statement shall be signed by the lenders had their claims.
T s t b I am 37. Documents annexed to the statement of the lender 1. In addition to the documents required by the arbitration procedure code of the Russian Federation, with the statement the lender attached documents certifying: obligations of the debtor to the creditor, as well as the presence and size of the debt on those commitments;
other circumstances in which the statement of the lender.
2. the application of a creditor, signed by the representative of the creditor, also attached power of Attorney confirming authority of the signatory to the statement of a person to file such a statement.
3. the application of the creditor, if any, will also be accompanied by the following documents: decision of the arbitral tribunal, the Court of general jurisdiction or arbitration court hearing the claim of the creditor against the debtor;
Executive document (Executive sheet-debtor payment requirements, the Executive and other notary inscription) or evidence supporting recognition of the debtor, the creditor's requirements.
T s t b I 38. The lender's statement, the Russian Federation, constituent entities of the Russian Federation, the municipality 1. In cases where the lender on monetary obligations are the Russian Federation, constituent entity of the Russian Federation, the municipality, the creditor's statement may be filed in the Court of arbitration of the authorized State body or local self-government body.
2. The statement of the lender attached documents to give the authority making the Arbitration Court, the relevant authority in accordance with the law.
3. statement by the lender, the Russian Federation, constituent entities of the Russian Federation, the municipality served in the Court of arbitration in compliance with the requirements provided for in this federal law with respect to the application of the creditor, unless otherwise provided by federal law or follows from the nature of the relationship.
T s t b I 39. Statement of tax or other authorized body 1. Statement of tax or other authorized body on considering a debtor bankrupt shall meet the requirements laid down for the application of the creditor.
2. the application of the tax or other authorized body on considering a debtor-legal entity declared bankrupt shall be accompanied by evidence of the adoption of measures to obtain arrears of mandatory payments in accordance with the procedure established by federal law.
T s t b I 40. The Prosecutor's statement on considering a debtor bankrupt 1. The Prosecutor may apply to the Arbitration Court the Prosecutor on considering a debtor bankrupt: when they detected signs of deliberate bankruptcy;
When the debtor has outstanding mandatory payments;

in the interest of the lender money obligations, the Russian Federation, constituent entities of the Russian Federation, the municipality;
in other cases stipulated by this federal law and other federal laws.
2. statement by the Prosecutor on considering a debtor bankrupt is filed in the Court of arbitration in compliance with the requirements provided for in this federal law with respect to the application of the creditor, unless otherwise provided by federal law or follows from the nature of the relationship.
T s t b I'm 41. The adoption of the Declaration of acceptance of the debtor bankrupt 1. Judge at the Court of arbitration is obligated to accept the Declaration of acceptance of the debtor bankrupt, filed in compliance with the requirements stipulated in the arbitration procedure code of the Russian Federation and the present Federal law.
2. On the adoption of the Declaration of acceptance of the debtor bankruptcy judge of the Arbitration Court shall determine not later than three days from the date of receipt of the application to the Court of arbitration.
3. When imposing monitoring in determining Arbitration Court concerning the adoption of a declaration of acceptance of the debtor bankrupt indicated on the appointment of an interim manager. In the specified definition may also be specified measures to ensure creditors ' claims.
When adopting the declaration recognizing the debtor bankrupt, it is impossible to determine candidacy of liquidator, the arbitral tribunal shall determine the appointment of liquidator not later than ten days from the date of the adoption of the Declaration.
T s t b I am 42. Refusal of an application for recognition of the debtor bankruptcy judge of the Arbitration Court shall refuse acceptance of declarations of acceptance of the debtor bankrupt if violated at least one of the conditions stipulated in paragraph 2 of article 29 of this federal law.
T s t b I'm 43. The return of the Declaration of acceptance of the debtor bankrupt 1. Declaration of acceptance of the debtor bankrupt, not corresponding to the requirements stipulated in articles 32-40 hereof, is returned by the arbitral tribunal.
2. In cases where recourse to the arbitral tribunal a statement of the debtor for the Manager of the debtor in accordance with this federal law is mandatory and the statement is not accompanied by the documents referred to in article 34 of this federal law, such a statement was adopted by the Court of arbitration, and missing documents claimed in preparing bankruptcy cases for trial.
T s t b I 44. Measures to secure the claims of creditors 1. The Arbitration Court, upon application by the person participating in a bankruptcy case, is entitled to take steps to ensure the claims of creditors in accordance with the arbitration procedure code of the Russian Federation.
2. in addition to the measures provided for by the arbitration procedure code of the Russian Federation, the arbitral tribunal may prohibit the make, without the consent of the liquidator of the transaction referred to in paragraph 2 of article 58 hereof, to compel the debtor to transfer securities, valuables and other property of the debtor in possession to third parties and take other measures aimed at preservation of the debtor's property.
3. When conducting surveillance on the request of the person involved in the bankruptcy case, or request a temporary administrator, containing information about the debtor's leader seeks to appeal an interim manager as well as head of the Commission of the debtor acts that violate the rights and interests of the debtor and the creditors, the arbitral tribunal shall have the right to dismiss the head of the debtor and to entrust the execution of his duties in the Interim Manager. To remove the head of the debtor from the post of the arbitral tribunal shall render its determination, which can be appealed, including the head of the debtor.
4. measures to secure the claims of creditors act accordingly until the introduction of external management entity and the appointment of an external Manager, on or before the date of acceptance by arbitration court decisions declaring the debtor bankrupt and on the opening of bankruptcy proceedings and the appointment of a bankruptcy trustee, or until the approval of the settlement agreement, the arbitral tribunal or the arbitral tribunal on the denial of recognition of the debtor bankrupt.
5. the arbitral tribunal shall have the right to cancel the measures to secure the claims of creditors before the occurrence of the circumstances stipulated in paragraph 4 of this article.
S t a t I n g 45. Review the debtor's Declaration of acceptance of the debtor bankrupt 1. The debtor within five days from the date of receipt of the application by the creditor, tax statements or other authorized body on considering a debtor bankrupt or statements of the Prosecutor on considering a debtor bankrupt is obliged to send to the arbitral tribunal, the claimant and other persons involved in the bankruptcy case, feedback on this statement, and also notify all creditors, not mentioned in this statement, instituting in respect of its bankruptcy case. To the debtor, is sent to the arbitral tribunal shall be accompanied by proof of sending to the claimant and other persons involved in the bankruptcy case, copies of the revocation.

2. in addition to the information referred to by the arbitration procedure code of the Russian Federation, the withdrawal of the debtor: debtor's objections to the existing requirements of the applicant;
the total debt of the debtor of the obligations before the creditors, the debtor pay obligatory payments;
information about the debtor's existing assets, including cash in its accounts in banks and other credit organizations, rooms specified accounts in banks and other credit organizations and postal addresses of banks and other credit organizations;
the evidence of the complainant in case satisfy the requirements of recognition by the debtor.
3. no revocation of the debtor does not preclude consideration of a bankruptcy case.
T s t b I'm 46. Preparation of bankruptcy cases for trial 1. Preparation of bankruptcy cases for trial a judge of the Court of arbitration in the manner provided for in the arbitration procedure code of the Russian Federation.
2. If there were no objections to the debtor's creditors, tax and other authorized bodies of the Arbitration Court verifies the validity of the objection, the debtor.
3. the session of the arbitral tribunal for verifying the validity of objections the debtor shall be carried out not later than one month before the due date of the consideration of a bankruptcy case. The arbitral tribunal shall notify the date of the meeting of the debtor, the Interim Manager, as well as lender, tax or other authorized body, the requirements of which are considered objectionable.
4. following the examination of the validity of objections the debtor Arbitration Court ruling.
In determining the amount of the creditor's claims, tax or other authorized body in respect of which the debtor's objection unfounded.
The definition is the basis of the number of votes belonging to the relevant creditor at the creditors ' meeting.
5. in order to determine the financial status of the debtor in a bankruptcy case preparation for trial, as well as the bankruptcy case, the arbitral tribunal may appoint an examination, including on its own initiative.
T s t b I 47. Term of consideration of a bankruptcy case 1. Bankruptcy case should be considered by the meeting of the Arbitration Court within a period not exceeding three months from the date of receipt of the Declaration of acceptance of the debtor is declared bankrupt in the Arbitration Court.
2. consideration of a bankruptcy case in the meeting of the Arbitration Court may be deferred for a period not exceeding two months.
T s t b I 48. Powers of the Court of arbitration in the case of bankruptcy, the arbitral tribunal shall take one of the following acts: the decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings;
the decision to refuse recognition of the debtor is declared bankrupt;
the definition about the introduction of external management;
the definition of termination of bankruptcy proceedings.
T s t b I 49. Decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings 1. The decision of the Court of arbitration on the recognition of the debtor bankrupt and on the opening of bankruptcy proceedings was adopted in the cases of establishing bankruptcy the debtor under article 3 of this federal law, in the absence of grounds for introducing external control.
2. the decision of the Court of arbitration on the recognition of the bankrupt debtor-legal entity and opening bankruptcy proceedings should contain guidance: recognition of the debtor is declared bankrupt;
on the opening of bankruptcy proceedings;
on the appointment of a bankruptcy trustee.
3. the decision of the Court of arbitration on the recognition of the bankrupt debtor-individual entrepreneur shall be indicated on the recognition of the lapsed registration debtor as a sole proprietorship.
4. The decision of the Court of arbitration on the recognition of the debtor bankrupt and on the opening of bankruptcy proceedings shall be immediately enforceable, unless otherwise provided by the arbitral tribunal.
S t a t I n g 50. Publication of reports of the Court of arbitration on the recognition of the debtor bankrupt Post on considering a debtor bankrupt is published by the arbitral tribunal, accepted the decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings, "Bulletin of the higher Arbitration Court of the Russian Federation" and the official publication of the State authority on bankruptcy and financial recovery at the expense of property of the debtor or, in the absence of the debtor funds at the expense of the creditor who applied to the arbitral tribunal a statement of recognition of the debtor bankrupt.
The same procedure shall be published post for rescission of the decision of the Court of arbitration on the recognition of the debtor bankrupt.
S t a t I n g 51. The decision of the Arbitration Court on the refusal of the recognition of the debtor bankrupt 1. The decision of the Arbitration Court on the refusal of the recognition of the debtor bankrupt, was adopted in the following cases: the lack of signs of bankruptcy, provided for in article 3 of this federal law;
meet the stated requirements of the creditors before the arbitral tribunal of the bankruptcy case;
establishing fictitious bankruptcy;
in other cases stipulated by this federal law.

2. If the evidence is clear evidence of the debtor had sufficient liquid assets, the arbitral tribunal may, on application by the debtor to defer consideration of the bankruptcy case, suggesting the debtor to repay creditors in an established Arbitration Court not exceeding the deadlines provided for in article 47 of this federal law.
T s t b I'm 52. The effects of acceptance by arbitration court decision to refuse recognition of the debtor bankrupt Acceptance by arbitration court decision to refuse recognition of the debtor bankrupt is grounds for termination of the circumstances caused by the adoption of the Declaration of acceptance of the debtor bankrupt and (or) the introduction of monitoring.
T s t b I'm 53. Grounds for termination of bankruptcy proceedings, the arbitral tribunal shall terminate the proceedings in bankruptcy cases: restoring debtor's solvency during external management;
the conclusion of a settlement agreement.
T s t b I 54. Distribution of judicial expenses and remuneration by the insolvency administrator 1. All legal costs, including the costs of State duty, payment of which was deferred or off spreaded out, as well as the costs of remuneration by the insolvency administrator are the property of the debtor and compensated at the expense of the property.
Settlement agreement may be establishes another procedure for the allocation of these costs.
2. If the arbitral tribunal decision to refuse recognition of the debtor bankrupt due to the lack of signs of bankruptcy of the debtor at the time of institution of proceedings on bankruptcy costs referred to in paragraph 1 of this article shall apply to the creditors referred to the arbitral tribunal a statement of the lender and shall be distributed among them in proportion to their requirements.
3. Allocation of judicial expenses and remuneration by the insolvency administrator is set by the arbitral tribunal or the arbitral tribunal definition, adopted following its consideration of a bankruptcy case.
T s t b I 55. Consideration of applications and complaints of creditors appointed Trustees 1. Statements by the court-appointed Trustees, including differences arising between them and creditors, as well as creditors ' complaints of violations of their rights and interests, filed in accordance with this federal law during the observation, during external management or in the course of bankruptcy proceedings are dealt with in the meeting of the Arbitration Court, not later than within two weeks from the date of receipt of the said allegations and complaints.
Based on the results of its consideration of the applications and complaints of the Arbitration Court ruling.
2. In accordance with the procedure and the period prescribed in paragraph 1 of this article discusses the differences between the arbitration managers and a representative of the employees of the debtor in cases contemplated in paragraph 4 of article 15 hereof.
3. Determine the arbitral tribunal not provided for Arbitration procedural code of the Russian Federation may be appealed in the cases stipulated by this federal law.
CHAPTER IV. MONITOR t s t b I 56. Introduction surveillance from the moment of acceptance by Arbitration Court of an application for recognition of the debtor bankrupt introduced surveillance, unless otherwise stipulated by this federal law.
T s t b I'm 57. The consequences of the imposition by the Court of arbitration determination of acceptance of the declarations of acceptance of the debtor bankrupt 1. Since the issuance by the Court of arbitration determination of acceptance of the declarations of acceptance of the debtor bankrupt: property claims against the debtor may only be brought in compliance with the order of presentation of the claim against the debtor, stipulated by this federal law;
on the request of the lender suspended proceedings related to the collection from the debtor money and other property of the debtor. In this case, the creditor shall have the right to assert their claims against the debtor in the manner prescribed by this federal law;
Pauses execution of Executive documents for property penalties, except in the performance of Executive documents issued by court decisions on the recovery of arrears of wages and salaries, remuneration for copyright agreements, alimony, as well as for compensation for harm caused to life and health, and moral damage, which have entered into force prior to the date of acceptance by Arbitration Court of an application for recognition of the debtor is declared bankrupt;
It is forbidden to meet the demands of the party of the debtor-legal entity of compartment shares (share) in the property of the debtor in connection with the release of the composition of its members.
2. in order to give effect to the measures imposed by paragraph 1 of this article, the definition of Arbitration Court concerning the adoption of a declaration of acceptance of the debtor bankrupt is sent to banks and other credit organizations with whom the debtor has a bank account agreement, as well as in the Court of common pleas, Chief Bailiff at the location of the debtor, tax and other authorities.
T s t b I 58. Implications of surveillance

1. Introduction surveillance is not a ground for removal of the head of the debtor and the debtor's management, other authorities who continue to exercise their authority within the limitations of paragraphs 2 and 3 of this article.
2. controls the debtor can make interim manager exclusively with the consent of transactions: related to the transfer of immovable property, lease, pledge, with the specified property as a contribution to the authorized capital (total) capital business companies and partnerships or the disposition of such property in any other way;
associated with the disposition of other property of the debtor, the carrying value of which is more than 10 per cent of the book value of the assets of the debtor;
associated with receiving and issuing loans (credits), the grant of guarantees and warranties, assignments of rights requirements, transfer of debt as well as the establishment of trust management of assets of the debtor.
3. controls of the debtor is not entitled to take decisions on reorganization (merger, accession, Division, allocation, transformation) and liquidation of a debtor;
on the establishment of legal persons or for participation in other legal persons;
on the establishment of branches and representative offices;
on payment of dividends;
about placing the debtor of bonds and other securities;
on withdrawal from the debtor-legal entity purchasing previously issued shares from the shareholders.
The decision to participate in associations, unions, holding companies, financial and industrial groups and other associations of legal entities can be made with the consent of the debtor's management bodies, the Interim Manager.
4. the arbitral tribunal shall have the right to dismiss the head of the debtor from the post if the head of the debtor is not taking the necessary measures to ensure the preservation of the debtor's property, obstruction to the Interim Manager while performing its duties or allowed other violations of requirements of legislation of the Russian Federation. In these cases, the duties of the head of the debtor is vested in the Interim Manager.
5. Since the introduction of monitoring arrests of property of the debtor and the debtor's other restrictions ordered by property, belonging to him may be imposed solely within the bankruptcy process.
T s t b I 59. The Interim Manager 1. Temporary administrator shall be appointed by the arbitral tribunal from among candidates proposed by the lenders and, in the absence of the proposals from a number of persons registered in the Arbitration Court as court-appointed Trustees. In the absence of those persons nominated Interim Manager is invited to State authority on bankruptcy and financial recovery on the request of the arbitral tribunal within one week from the receipt of the specified query.
2. The Interim Manager acts since his appointment by the Court of arbitration and to the introduction of external management entity and the appointment of an external Manager, or a decision by the Arbitration Court decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings and the appointment of a bankruptcy trustee, prior to the approval of the arbitral tribunal or a settlement agreement, or a decision by the Arbitration Court decision to refuse recognition of the debtor bankrupt.
3. In the event of temporary inability of the Interim Manager to carry out its responsibilities, the arbitral tribunal may appoint a Deputy to interim manager.
4. The Interim Manager may apply to the Arbitration Court for his release from his duties as interim manager when there are valid reasons.
In case the application interim manager for release him from his duties as interim manager Court of Arbitration appoints new Interim Manager. Pending the appointment of a new Interim Manager Interim Manager continues to serve.
T s t b I'm 60. A temporary administrator rights 1. The interim manager shall have the right to: submit to the Arbitration Court on its behalf demands invalidation of deals, as well as on the application of the consequences of the invalidity of insignificant transactions concluded or performed by the debtor in violation of the requirements established by this federal law;
appeal to the Court of arbitration for adopting additional measures to ensure the preservation of the debtor's property, including banning to make, without the consent of the interim manager of the transaction referred to in paragraph 2 of article 58 hereof, on the transfer of securities, currency values and other assets deposited with third parties, as well as on the lifting of such measures;
contact the Arbitration Court for the dismissal of the head of the debtor;
obtain any information and documents relating to the activities of the debtor;
exercise other powers stipulated by this federal law.
2. the debtor's management bodies are obliged to provide interim manager at its request, any information concerning the activities of the debtor.
S t a t I n g 61. Interim Superintendent 1. The interim manager shall: take steps to ensure the preservation of the debtor's property;

to conduct the analysis of a financial condition of the debtor;
identify signs of fictitious bankruptcy and deliberate bankruptcy;
install the creditors of the debtor and determine the size of their requirements to notify creditors of the bankruptcy proceedings;
convene the first meeting of creditors.
2. after observing the Interim Manager presents to the arbitral tribunal a report of its activities, information on the financial status of the debtor and the proposals on the possibility or impossibility of restoring debtor's solvency.
T s t b I am 62. The analysis of the financial condition of the debtor 1. The analysis of the financial condition of the debtor shall be carried out in order to determine whether the debtor owned assets to cover litigation expenses, payment of remuneration by the insolvency administrator, as well as the possibility or impossibility of restoring debtor's solvency.
2. If as a result of the debtor's financial status analysis installed failure belongs to the debtor assets to cover court costs, lenders may decide to impose external control only when determining the sources cover the court costs.
If creditors is not defined source cover court fees, voted for the decision on the introduction of external management, lenders are jointly and severally the obligation to cover these costs.
T s t b I'm 63. Setting the amount of the claims of creditors 1. For the purposes of participation in the first meeting of creditors, the creditors shall have the right to assert their claims against the debtor, within one month from the date of receipt of the notice of acceptance of interim manager by the Court of arbitration of the declarations of acceptance of the debtor bankrupt. These requirements are communicated to the Court of arbitration and the debtor, except where in accordance with this federal law claims of creditors recognized established. Claims of creditors recognized in accordance with this federal law established, are sent to interim manager with the application documents to define these requirements installed.
2. Objections by creditors, not recognized in accordance with this federal law established, may be submitted by the debtor in bankruptcy court, the creditor, as well as interim manager in a week's time from the date of receipt of the relevant requirements.
3. the claim of a creditor on which the debtor had not presented an objection within the period provided for in paragraph 2 of this article, he shall be deemed established in the amount claimed by the creditor.
4. Claims of creditors, under which the debtor submitted an objection shall be considered by the Arbitration Court in the manner provided for in article 46 of this federal law.
T s t b I 64. The convening of the first meeting of creditors 1. The interim manager determines the date for the first meeting of creditors and notify all identified lenders. The first meeting of creditors to be held no later than ten days before the date of the sitting of the Court of arbitration, established in the definition of Arbitration Court concerning the adoption of a declaration of acceptance of the debtor bankrupt.
2. The first meeting of creditors with voting rights are competitive lenders, as well as tax and other authorities: which requirements in accordance with this federal law recognized as established and directed the Interim Manager;
size requirements which are set by the arbitral tribunal in response to the objections of the debtor of the creditors before the first meeting of creditors.
3. the first meeting of creditors shall participate, without the right to vote, the Interim Manager, head of the debtor and the debtor's employee representative.
T s t b I 65. Issues addressed the first meeting of creditors 1. The competence of the first meeting of creditors are: 1) the decision on the introduction of external management and the treatment of the Arbitration Court with the appropriate application;
2) decision on the treatment of the Arbitration Court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings;
3) definition of quantitative composition of the creditor committee, election of its members;
4) to resolve other issues stipulated by this federal law.
2. Protocol of the first meeting of creditors is submitted to the temporary administrator in bankruptcy court not later than within one week from the date of the first meeting of creditors.
T s t b I 66. The decision of the first meeting of creditors on the introduction of external management decision of the first meeting of creditors on the introduction of external management must contain the proposed duration of the out of band management and the candidacy of an outside Manager, as well as information about it.
T s t b I 67. The end of observation 1. The arbitral tribunal on the basis of the decision of the first meeting of creditors, unless otherwise stipulated herein, shall decide on the acceptance of the debtor bankrupt and on the opening of bankruptcy proceedings or shall determine the introduction of external management, or claims settlement agreement.

2. If the first meeting of creditors is not decided on the introduction of external management or decision on the conclusion of an amicable agreement or none of the decisions of the first meeting of creditors is not represented in the Arbitration Court within the period stipulated in paragraph 2 of article 65 of this federal law, the arbitral tribunal if there are signs of bankruptcy shall decide on the acceptance of the debtor bankrupt and on the opening of bankruptcy proceedings, unless otherwise provided for in this article.
3. If the first meeting of creditors decided to appeal to the Arbitration Court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings or arbitration is not provided with any decision of the first meeting of creditors, the arbitral tribunal may make a determination about the introduction of external management in case of: If there are reasonable grounds to believe that the decision of the first meeting of creditors to apply to the bankruptcy court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings is accepted at the expense of the majority of creditors and real ability to restore the solvency of the debtor;
If after the first meeting of creditors appeared circumstances giving reasonable grounds to believe that the solvency of the debtor may be restored;
in other cases stipulated by this federal law.
4. From the moment of acceptance by Arbitration Court of the debtor bankrupt and the opening of bankruptcy proceedings or the imposition of an external control or approval of the settlement agreement monitoring is terminated.
The interim manager shall continue to fulfill its duties until the appointment of an external Manager or the bankruptcy trustee.
Chapter v. EXTERNAL CONTROL with t a t b I 68. The procedure for introducing external control 1. Out of band management is introduced by the arbitral tribunal on the basis of a decision of the meeting of creditors, except for the cases stipulated by this federal law.
2. Definition of Arbitration Court on the imposition of external control shall be immediately enforceable.
3. determination of the arbitral tribunal on the introduction of external management can be appealed.
4. External control is introduced for a period not exceeding twelve months which may be extended for not more than six months, unless otherwise stipulated by this federal law.
5. at the request of the meeting of creditors or external Manager out of band management deadline may be shortened or extended by the Court of arbitration within the time frames stipulated in paragraph 4 of this article.
T s t b I 69. Effects of external control since the introduction of external management: head of the debtor is suspended from Office, the debtor's property management Department is entrusted to an external Manager;
terminate the powers of control of the debtor and of the owner of the property of the debtor-enterprise, powers of the debtor and the debtor's management transferred other bodies to an external Manager, except for the powers in accordance with this federal law to other persons (authorities). Management bodies of the debtor within three days from the date of the appointment of an external Manager are required to ensure the transfer of accounting and other documents of a legal entity, seals and stamps, material and other values of the external Manager;
removed previously adopted measures to secure the claims of creditors;
arrest of property of the debtor and the debtor's other restrictions ordered by property, belonging to him may be imposed solely in the context of the bankruptcy process;
moratorium on satisfaction of creditors ' claims on monetary commitments and mandatory payments of the debtor, except for the cases stipulated by this federal law.
At the end of the out of band management forfeit (fines, penalty), as well as the amount of damages, which the debtor is obliged to pay creditors by monetary commitments and mandatory payments may be made payable in the amount existing at the time of the introduction of the out of band management.
T s t b I 70. Moratorium on satisfaction of creditors ' claims 1. Moratorium on satisfaction of creditors ' claims extend to liabilities and compulsory payments, terms of execution which occurred prior to the introduction of external management.
2. during the validity period of the moratorium on satisfaction of creditors ' claims on monetary commitments and mandatory payments referred to in paragraph 1 of this article: it is not allowed to collect on the Executive and other documents, the recovery in an uncontested (acceptance);
Pauses execution of Executive documents for property penalties, except in the performance of Executive documents issued on the basis of decisions on the recovery of arrears of wages and salaries, remuneration for copyright agreements, alimony, as well as for compensation for harm caused to life and health, and moral damage, which have entered into force prior to the date of acceptance by Arbitration Court of an application for recognition of the debtor is declared bankrupt;

do not accrue penalties (fines, penalty) and financial (economic) sanctions for non-fulfillment or improper fulfillment of monetary obligations and payments as well as interest payable.
The amount of the creditor's claims on money obligations and (or) obligatory payments to the amount fixed in accordance with article 4 of this federal law at the time of the introduction of external management accrue interest in the order and the amount provided for in Article 395 of the Civil Code of the Russian Federation.
3. a moratorium on satisfaction of creditors ' claims shall also apply to claims for damages caused by the refusal of the external Manager of the debtor's contracts.
4. the rules provided by paragraphs 2 and 3 of this article shall not apply to monetary obligations and mandatory payments, dates of which came after the introduction of the out of band management.
5. a moratorium on satisfaction of creditors ' claims does not apply to claims for the recovery of arrears of wages and salaries, remuneration for copyright agreements, alimony, as well as for compensation for harm caused to life and health.
T s t b I 71. Procedure for submitting nominations external Manager 1. A meeting of creditors which has taken the decision on the introduction of external management, approves the nomination of the external Manager.
2. external Manager Candidate may be offered a meeting of creditors any of competitive lenders, tax or other authorized body, the debtor or the debtor's property owner-unitary enterprise.
3. the arbitral tribunal Proposed for appointment is considered the candidate receiving the greatest number of votes of creditors in accordance with the procedure of decision-making Assembly of creditors under article 14 hereof.
4. In the case where external control is entered by the Court of arbitration in the absence of a decision of the first meeting of creditors on the introduction of external management, meeting of creditors shall be entitled to consider, approve and submit to the Arbitration Court the candidacy of an outside Manager within two weeks from the date of issuance of the determination by the arbitral tribunal on the introduction of external management.
5. In the case when the Assembly of creditors not represented any nominations external Manager, Arbitration Court shall appoint an external administrator in the proposals of other persons involved in the bankruptcy case, or the number of persons registered in the Arbitration Court as court-appointed Trustees.
In the case where no candidature is not represented external Manager and there is no way to assign an outside Manager from among the persons registered in the Arbitration Court as court-appointed Trustees, Arbitration Court shall appoint an outside Manager from among candidates proposed by the public authority on bankruptcy and financial recovery.
6. external Manager as a candidate could be considered the person overseeing the interim governing authority.
T s t b I am 72. Appointment of an external Manager 1. The insolvency administrator is appointed by the Arbitration Court simultaneously with the introduction of the out of band management.
2. In the absence of the possibility to assign an outside Manager simultaneously with the introduction of external management of the Arbitration Court shall appoint an external administrator in one month since the introduction of the out of band management.
On the appointment of the external Manager of the Arbitration Court shall determine.
Pending the appointment of an outside Manager, his powers are exercised by the Interim Manager.
3. determination of the appointment of an external Manager is subject to immediate execution.
4. determination of the appointment of an external Manager may be appealed.
T s t b I 73. External Manager Release 1. The insolvency administrator may be dismissed by the Court of arbitration of the external Manager duties: on the application of the external Manager for release him from his duties as an external Manager;
on the basis of a decision of the meeting of creditors in case of nonperformance or improper performance of the tasks entrusted to an outside Manager responsibilities. The decision of the meeting of creditors in this case must contain information concerning the candidature of new foreign Manager;
in the event of circumstances that prevented the appointment of a person to external managers;
in other cases stipulated by this federal law.
2. Definition of Arbitration Court for release of the external Manager on duty an outside Manager shall be immediately enforceable.
3. Definition of Arbitration Court for release of the external Manager on duty an outside Manager may be appealed.
T s t b I 74. The rights and duties of the external Manager 1. The insolvency administrator has the right to dispose of the debtor's assets: with the restrictions prescribed by this federal law;
to conclude, on behalf of the debtor, a settlement agreement;
declare the renunciation of the contracts of the debtor.
2. The insolvency administrator must: take in the conduct of the debtor's property and inventory;
to establish a special account for carrying out external control and settlements with creditors;

to elaborate and submit for approval by the meeting of creditors out of band management plan;
maintain accounting, finance, statistics and reporting;
claim in the prescribed manner an objection as to the debtor creditors;
take steps to recover the debt to the debtor;
consider the claims of creditors;
keep a register of creditors;
to submit to the Assembly a creditors report from the out of band management plan;
exercise other powers stipulated by this federal law.
T s t b I 75. Setting the amount of the claims of creditors 1. Creditors may assert their claims against the debtor at any time during the out of band management. These requirements are directed to an external Manager at the postal address of the debtor. Claims of creditors recognized in accordance with this federal law established, sent to an external Manager with the application documents to define these requirements installed.
2. external Manager examines the claims of creditors and on the results of their consideration of making the appropriate entry in the register of creditors ' claims no later than two weeks after receipt of the claim. The outcome of the creditor with the insolvency administrator notifies the relevant creditor in a period not exceeding one month from the date of receipt of the specified requirements.
3. Objections to the results of consideration of the external Manager of the claims of creditors can be claimed by a creditor in a bankruptcy court hearing the bankruptcy case, within one month of receiving them.
4. Claims of creditors which had not stated any objection within the period provided for in paragraph 3 of this article shall be deemed to be established in the size, composition and sequence meet installed external managers.
5. Claims of creditors, which declared the objection shall be considered by the Arbitration Court in the manner provided for in article 46 of this federal law.
T s t b I 76. Disposition of property of the debtor 1. The insolvency administrator is entitled to dispose of the assets of the debtor. The owner of the property of the debtor or the debtor's management bodies may not make decisions or otherwise limit the powers of the external Manager for disposition of the property of the debtor.
2. Major transactions and transactions in which there is interest, are external managing only with the consent of the meeting of creditors, or the creditors ' Committee, unless otherwise stipulated by this federal law or the out of band management plan.
3. Major transactions include transactions involving the disposal of immovable property or other assets of the debtor, the carrying value of which exceeds 20 per cent of the book value of the assets of the debtor at the time of conclusion of the transaction.
4. Transactions in which there is interest, recognized transactions which are stakeholders with regard to the external Manager or the bankruptcy of the lender.
T s t b I 77. Waiver of performance of the contract of the debtor 1. The insolvency administrator within three months since the introduction of external management entity has the right to repudiate contracts of the debtor.
2. Disclaimer of contracts of the debtor may be declared only in respect of treaties, the parties unsatisfied in whole or in part, if one of the following circumstances: If the debtor's performance of this agreement will cause losses to the debtor when compared to similar treaties concluded under comparable circumstances;
If the contract is a long-term (imprisoned for more than one year) or designed for getting positive results for the debtor only in the long term;
If there are other circumstances impeding the restoration of debtor's solvency.
3. The contractual partner of the debtor may demand reimbursement from the debtor the actual damage caused by the refusal of the contract of the debtor.
4. The provisions of this article shall not apply to contracts entered into by the debtor during the observation, with the consent of the liquidator. Termination of such contracts is made on the grounds and in the manner envisaged by the Civil Code of the Russian Federation.
T s t b I 78. The invalidity of transactions of the debtor 1. Deal of the debtor, including the debtor until the perfect introduction of external control may be declared void by the arbitral tribunal upon application of an outside Manager on the grounds provided by the civil legislation of the Russian Federation.
2. a transaction made by the debtor of the debtor with an interested person may be declared void by the arbitral tribunal on the application of the external Manager if as a result of the execution of the transaction to the creditors have been or may be aggrieved.

3. a transaction by the debtor or the debtor done, done with a private lender or other person after acceptance by Arbitration Court of an application for recognition of the debtor bankrupt and (or) during the six months preceding the filing of an application for recognition of the debtor bankrupt, may be declared invalid on application by an external Manager or the lender, if the transaction involves preferential claims of some creditors before other creditors.
4. the debtor's Deal, signed by the debtor-legal entity after the commencement of a bankruptcy case or during the six months preceding the filing of an application for recognition of the debtor bankrupt, associated with payment (have) a share (or unit) in the property of the debtor party debtor in relation to his exit from the debtor, upon application of the external Manager or lender is repealed and all proceeds of the transaction will be returned to the debtor.
In this case the debtor participant recognized lender release 5.
T s t b I 79. Liabilities of the debtor during the out of band management in cases where the amount of the debtor's obligations arising from the introduction of external management, exceed 20 per cent of the amount of the claims of creditors in accordance with the register of creditors ' claims, transactions involving new liabilities of the debtor, with the exception of the out of band management plan can be performed by an external Manager only with the consent of the meeting of creditors, or the creditors ' Committee.
T s t b I 80. Regulation of consumption funds debtor Solutions, resulting in increased expenditure on consumption of the debtor, including the payment of employees of the debtor may be taken outside by the Manager only with the consent of the meeting of creditors, or the creditors ' Committee, with the exception of cases stipulated by the Federal law.
T s t b I 81. Powers of the Committee of creditors the creditors ' Committee is entitled to take decisions on the convening of a meeting of creditors;
on the recommendation of the meeting of creditors to release the external Manager from duty external Manager;
on approval or non-approval of major transactions of the debtor and the debtor's transactions in which there is interest;
the submission of candidacies for the arbitral tribunal Deputy external Manager.
T s t b I 82. Out of band management plan 1. Not later than one month from the moment of his appointment, the insolvency administrator must establish a plan for the external management entity, which is submitted for approval by the meeting of creditors.
Out of band management plan should include measures to restore the solvency of the debtor.
The solvency of the debtor recognizes recovered in the absence of bankruptcy, established by article 3 of this federal law.
2. out of band management Plan should include a deadline for restoring the solvency of the debtor.
3. The insolvency administrator on demand of the creditor committee or meeting of creditors accountable to creditors on the external control.
T s t b I 83. Out of band management plan 1. Out of band management plan addresses the meeting, convened by the external managers no later than two months since the introduction of the out of band management. The insolvency administrator shall notify all creditors of the date and place of the meeting and provides the opportunity to become familiar with the out of band management plan not less than two weeks before the date of said meeting.
2. Participants in the meeting of creditors with voting rights are competitive lenders.
At the meeting of creditors shall be entitled to participate, without the right to vote, the insolvency administrator and a representative of the employees of the debtor.
3. out of band management Plan shall be considered adopted if it receives more than half of the votes from the number of votes of the bankruptcy creditors attending the meeting of creditors.
4. A meeting of creditors may take one of the following decisions: decision approving the plan for the external management entity;
the decision to dismiss the band management and treatment plan in bankruptcy court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings;
a decision dismissing the plan out of band management, dismissal of the external Manager with simultaneous approval of nominations a new foreign Manager and the treatment of the relevant application to the Arbitration Court. The decision must include the dates of convening the next meeting of creditors to consider a new plan for the external management entity, with the deadline for the convening of a meeting of creditors may not exceed one month from the date of the meeting of creditors.
5. the approved external management plan meeting and minutes of the meeting of creditors shall be submitted to arbitration by an external manager not later than five days from the date of the meeting of creditors.
6. If, within a period of six months since the introduction of external management of the arbitral tribunal has not presented a plan for the external management entity, the arbitral tribunal may decide to declare a debtor bankrupt and on the opening of bankruptcy proceedings.
T s t b I 84. Extension of the out of band management

In the case where a meeting of creditors decided to out of band management on approval of the plan, which provides a term of external control, exceeding the originally installed, the arbitral Tribunal extends the out of band management, if there are reasonable grounds to believe that the extension of external management or implementation of the approved plan for the external management entity would restore the solvency of the debtor.
T s t b I 85. Measures to restore solvency of debtor solvency restoration Measures can be: re-profiling of production;
unprofitable enterprises;
liquidation of accounts receivable;
selling part of the property of the debtor;
the assignment of the right of claim of the debtor;
the performance of the obligations of the debtor of the debtor's property owner-unitary enterprise or a third party (third party);
sale of the enterprise (business) debtor;
other ways to restore the solvency of the debtor.
T s t b I 86. Sale of the enterprise (business) of the debtor 1. In order to meet the claims of creditors of band management plan may include a sale of the enterprise (business) debtor (hereinafter-the company).
While selling enterprises disposed of all kinds of equipment intended for carrying out business activity of the debtor, including land, buildings, constructions, equipment, inventory, raw materials, products, claims, as well as the right to designations individualizing the debtor, its products, works and services (trade name, trademarks, service marks), other exclusive rights owned by the debtor, with the exception of the rights and responsibilities that cannot be delegated to others.
In the case where the main activity of the debtor is performed only on the basis of permission (license), the buyer of the enterprise acquires a preferential right to receive a specified permission (license).
When selling a company, carried out in accordance with this article, cash commitments and mandatory payments by the debtor on the date of acceptance by Arbitration Court of an application for recognition of the debtor bankrupt are not included in the enterprise.
2. Upon sale of the enterprise all labour contracts in force at the time of the sale of the business, shall remain in force, with the rights and obligations of the employer shall pass to the buyer of the company.
3. The amount received from the sale of the business, is included in the debtor's property.
4. sale of the enterprise is made by holding an open auction, unless otherwise provided by the out of band management plan. The insolvency administrator acts as the organizer of the auction attracts a specialized organization for these purposes with payment services last due to the debtor's property.
The insolvency administrator is obliged to publish the announcement of the sale of the business to open tenders in the official publication of the State authority on bankruptcy and financial recovery of not less than thirty days before the date of the auction.
In an announcement on the sale of businesses should contain: information about the company and understand the procedure, the deadlines for the submission of applications for the acquisition, which may not be valid less than two weeks, and more than one month from the date of the issuance of that Declaration;
time, place and form of tendering;
the procedure of tenders;
the initial price of the enterprises established by the creditors ' Committee or meeting of creditors;
the size of the down payment, time-frame and procedure for deposit;
the criteria for determining the winners of tenders;
the order of the results of bids;
information about Organizator of trades.
5. In the case referred to in the announcement of the sale of the enterprise timeline received an application for the acquisition of one participant, for selling businesses. With the consent of the creditor or the creditor meeting enterprise can be sold without rebidding.
6. Tenders in the form of an auction, except for the cases stipulated by this federal law.
If the effective date of this federal law trades are held in the form of contest conditions of the contest shall be subject to the approval of the creditors ' Committee or meeting of creditors.
7. A person who is the winner of the auction, and the organizer of an open auction on the day of the auction shall sign the Protocol. force of the Treaty.
If trades were held in the form of a contest, based on a protocol signed by the winner of the contest and the organizer of the auction on the day of the competition, no later than 20 days from the date of the tender shall be signed by the contract of sale of the company.
8. the amount of the earnest money, lost the person who has won the auction, due to its refusal to sign the Protocol or contract of sale of the business, is included in the debtor's property after deducting costs auction Organizer.
9. In cases where due to proceeds from the sale of the business amount the debtor is able to satisfy the claims of creditors in full, bankruptcy proceedings must be terminated by the arbitral tribunal upon the application of an external Manager.

10. If the amount received from the sale of the business, is insufficient to meet the claims of creditors in full, the insolvency administrator invites creditors to conclude a settlement agreement.
If no amicable agreement, the arbitral tribunal on the application of the external Manager takes decision on considering a debtor bankrupt and on the opening of bankruptcy proceedings.
11. prior to the conclusion of a settlement agreement or a decision by the Arbitration Court decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings, the insolvency administrator has no right to make settlements with creditors, with the exception of creditors of the first and second turns.
T s t b I 87. Selling part of the property of the debtor 1. After the inventory and evaluation of property of the debtor insolvency administrator is entitled to proceed with the sale of the debtor's property at public auction, unless otherwise provided by the out of band management plan.
2. Tenders in the form of an auction, except for the cases stipulated by this federal law.
3. the property of the debtor relating to limited oborotosposobnomu, can be sold only at a private auction.
In closed bidding is attended by persons who, in accordance with the Federal law may have property or other property right of specified property.
4. The insolvency administrator may act as organizer of the trades or entrust a specialized organization of tendering on the basis of the Treaty. Specialized organization conducting the auction may not be the person concerned in respect of the debtor and an outside Manager.
5. The initial price of the debtor's property, issued by the auction is determined by an external Manager, unless otherwise provided by the out of band management plan.
6. Winning bidder is obliged to pay the purchase price of the property of the debtor within the period prescribed by the Protocol or by the agreement of purchase and sale entered in the contest, but not later than one month from the day of the auction.
7. The debtor's property not sold at the first auction, on repeated trades, unless otherwise provided by the out of band management plan.
The debtor's property not sold at the repeated tender, can be implemented by external managers on the basis of a contract of sale concluded without bidding.
T s t b I 88. Assignment of rights demands a debtor of the debtor's rights of claim Assignment can be carried out by an external Manager through the sale of claims through a public auction, with the consent of the creditors ' Committee or meeting of creditors, unless otherwise provided by the out of band management plan.
T s t b I 89. The performance of the obligations of the debtor to the owner of the property of the debtor or a third party (third party) 1. The owner of the property of the debtor-enterprise may at any time before the end of the out of band management to undertake the simultaneous satisfaction of all competitive lenders in accordance with the register of creditors ' claims.
2. Fulfilment of the obligations of the debtor by a third party (third party) is permitted, provided that such performance pay at the same time the requirements of all of the bankruptcy creditors in accordance with the register of creditors ' claims.
T s t b I 90. Report of the external Manager of the external control 1. Not later than fifteen days before the expiry of the out of band management, as well as in the presence of grounds for its early termination of the insolvency administrator is required to submit to the Assembly the report of the external creditors.
2. Report of the external Manager must contain: the balance of the debtor as of the last reporting date;
profit and loss account of the debtor;
information about the availability of funds of the debtor that can be directed on satisfaction of creditors ' claims on monetary commitments and mandatory payments by the debtor;
decrypt the remaining receivables and debtor information about remaining unfulfilled rights claims of the debtor;
other information about the possibility of repayment of the remaining payable by the debtor.
External Manager to the report must be accompanied by a register of creditors ' claims.
3. At the same time as the specified report external Manager introduced the creditors meeting one of the following: on the cessation of external control in connection with restoring debtor's solvency;
on the conclusion of a settlement agreement;
about prolongation of the external control;
on the cessation of the out of band management and about the treatment of the Arbitration Court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings.
T s t I a n 91. Consideration of the report of the external Manager 1. Report of the external Manager addresses the meeting of creditors, which shall be convened not later than ten days after the expiry of an external control or not later than one month after the occurrence of the grounds for early termination of the out of band management.
2. The insolvency administrator not later than fifteen days before the expiry of the out of band management is obliged to send all creditors notice of the holding of the meeting of creditors.

Notification on holding the meeting of creditors must contain information about the time and place of the meeting of creditors, as well as acquainting with the report of an external Manager.
3. Following its consideration of the report of the external Manager meeting of creditors may take one of the following decisions: the cessation of external control in connection with restoring debtor's solvency and moving to settlements with creditors;
to apply to the Court of arbitration for prolongation of the external control;
to apply to the bankruptcy court for recognition of the debtor bankrupt and on the opening of bankruptcy proceedings;
on the conclusion of an amicable agreement.
4. If Assembly of creditors not accepted none of the solutions envisaged in paragraph 3 of this article or this decision has been submitted to the Arbitration Court within 15 days from the date of expiry of the time limits laid down in paragraph 1 of this article, the arbitral tribunal shall decide on the acceptance of the debtor bankrupt and on the opening of bankruptcy proceedings.
T s t b I 92. Adoption of the report of the external Manager of the arbitral tribunal 1. Meeting considered the report of the external Manager and the minutes of the meeting of creditors shall be made in the arbitral court not later than five days after the date of the meeting of creditors.
External Manager to the report shall be accompanied by the register of creditors ' claims and complaints of creditors who voted against the meeting decision or not taking part in the vote.
2. Report of the external Manager and complaints of creditors shall be considered by the Arbitration Court.
About the time and place of the sitting of the Court of arbitration informed the insolvency administrator and the creditors who filed the complaint.
3. If a meeting of creditors has taken the decision to terminate the out of band management in connection with restoring debtor's solvency and moving to settlements with creditors, the report of the external Manager is subject to the approval of the arbitral tribunal, except for the cases stipulated by this federal law.
4. If the arbitral tribunal validity will be installed or absence of creditors complaints restore solvency of the debtor, the Tribunal denies approving the report of an external Manager.
5. approval of the report of the external Manager, or refusal of approval of a specified report, either on the extension of the out of band management, or approving a settlement agreement ruling, which can be appealed.
6. When there are motions of the creditors ' meeting on considering a debtor bankrupt and on the opening of bankruptcy proceedings, as well as in the event of a refusal of the Court of arbitration in the adoption of the report of the external Manager or failure to submit the said report within one month since the end of the prescribed period, the external control of the arbitral tribunal may decide to declare a debtor bankrupt and on the opening of bankruptcy proceedings.
T s t b I 93. Effects of the external Manager report approval 1. Adoption of the report of the Court of arbitration of the external Manager is grounds for the termination of the bankruptcy case.
2. If a petition adopted by the meeting of creditors, the arbitral tribunal may set a deadline for settlements with creditors.
The arbitral tribunal shall determine approval of the report of the external Manager and sets deadline for settlements with creditors, which may not exceed six months from the date of the specified definition.
In this case, the bankruptcy proceedings shall be terminated after the end of settlements with creditors.
3. If, within the prescribed period, the arbitral tribunal had not made payments to creditors, the arbitral tribunal shall decide on the acceptance of the debtor bankrupt and on the opening of bankruptcy proceedings.
T s t b I 94. Accounts payable 1. In the cases provided by paragraph 3 of article 92 of this federal law, payments to creditors are made to external managers in accordance with the register of creditors since the external Manager report approval by the arbitral tribunal.
2. Accounts payable are carried out in the manner provided for in articles 107-111 of this federal law, with the characteristics specified in the present article.
3. first repaid the remaining debt according to the requirements of citizens to whom the debtor is liable for injury caused to life and health.
4. In the second place is repaid the remaining arrears of pay to persons employed under an employment agreement (contract), and the payment of royalties.
5. From the moment of execution of obligations of the debtor insolvency administrator makes the appropriate entry in the register of creditors ' claims.
T s t b I 95. Repayment of creditors For the purposes of this federal law, the creditors ' requirements shall be deemed satisfied the requirements, requirements for which the settlement agreement or obligation or novation of cessation obligations otherwise, as well as other requirements which, in accordance with this federal law recognizes canceled.
T s t b I 96. Order the termination of an external Manager

1. cessation of external control entails the termination of the powers of an outside Manager.
2. If the out of band management is completed by the conclusion of an amicable agreement or the repayment of creditors, the insolvency administrator has continued to perform their duties within the competence of the head of the debtor until the date of appointment (election) of the new head of the debtor.
Powers of other bodies of administration of the debtor and of the owner of the property of the debtor-restored a unitary enterprise.
3. If the arbitral tribunal decided on considering a debtor bankrupt and on the opening of bankruptcy proceedings and insolvency administrator is assigned to another person, the insolvency administrator has continued to serve until the handover to the contest Manager.
CHAPTER VI. BANKRUPTCY PROCEEDINGS with a t and t b I 97. General provisions 1. The adoption of the Arbitration Court decision declaring the debtor bankrupt shall entail the opening of bankruptcy proceedings.
2. the period of bankruptcy proceedings may not exceed one year. The arbitral tribunal may extend the period of six months, unless otherwise stipulated by this federal law.
3. If necessary, the duration of the bankruptcy proceedings, the arbitral tribunal may be extended beyond the time limits stipulated in paragraph 2 of this article. Definition of Arbitration Court for extension of bankruptcy proceedings over the deadlines imposed by paragraph 2 of this article may be appealed.
S t a t I n g 98. The effects of the opening of bankruptcy proceedings 1. Since the adoption of the Arbitration Court decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings: the term of fulfillment of all financial obligations of the debtor, as well as deferred payments the debtor is considered to be occurring;
stops charging penalties (fines, penalty), interest and other financial (economic) sanctions on all types of debt of the debtor;
information on the financial status of the debtor shall cease to apply to the categories of information that are confidential or are commercial secret;
transactions related to the alienation of the property of the debtor or involving the transfer of his property for use by third parties is allowed only in the manner prescribed by this chapter;
removed previously imposed by the arrest of the debtor's property and other restrictions on the disposition of the property of the debtor. Introduction (overlay) new arrest of property of the debtor and other restrictions on the disposition of the property of the debtor is not allowed;
all claims against the debtor may be brought only within bankruptcy proceedings;
the performance of the obligations of the debtor is allowed in cases and by the procedure established by this chapter.
2. Since the adoption of the Arbitration Court decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings the debtor's management bodies were suspended from performing the functions of management and disposition of the property of the debtor in the case earlier this removal was not there, as well as terminate the authority of the owner of the property of the debtor-enterprise.
T s t b I 99. Bankruptcy trustee 1. When adopting a decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings, the Arbitration Court shall appoint the bankruptcy trustee in the manner provided for the appointment of an external Manager.
2. at the request of the bankruptcy trustee approved by the meeting of creditors, or the creditors ' Committee, the Arbitration Court can be assigned several competitive Governors. The arbitral tribunal distributes duties among competitive managers depending on the complexity of the tasks to be performed, the nature and size of the debtor's property, defines the limits of responsibility of each of them.
3. the trustee shall act until the bankruptcy proceedings.
T s t b I 100. Publication of information on considering a debtor bankrupt and on the opening of bankruptcy proceedings, the publication of information on considering a debtor bankrupt and on the opening of bankruptcy proceedings is carried out at the expense of the debtor's insolvency administrator "Bulletin of the higher Arbitration Court of the Russian Federation" and the official publication of the State authority on bankruptcy and financial recovery.
Publication information on the recognition of the debtor bankrupt and on the opening of bankruptcy proceedings should contain: the name and other details of the debtor declared bankrupt;
the name of the Arbitration Court, in charge of the bankruptcy case;
the date of acceptance by arbitration court decisions declaring the debtor bankrupt and on the opening of bankruptcy proceedings;
deadline set for the submission of claims by creditors, which may not be less than two months from the date of the publication;
information about the contest management.
Information on the recognition of the debtor bankrupt and on the opening of bankruptcy proceedings, the insolvency administrator should be sent not later than five days from the date of his appointment.
S t a t I n g 101. The bankruptcy trustee powers 1. Since the appointment of the bankruptcy trustee to it assumes all powers for the management of the Affairs of the debtor, including the debtor's property survey board powers.

2. If the decision on recognition of the debtor bankrupt and on the opening of bankruptcy proceedings was adopted at the end of observation, since the appointment of the bankruptcy trustee powers of the debtor's control and authority of the owner of the property of the debtor-enterprise is terminated. Management bodies of the debtor within three days from the date of appointment of the bankruptcy trustee to ensure that accounting and other documentation of the debtor, seals and stamps, material and other values of the debtor to the contest Manager. In case of deviation from the obligations of the debtor's management bodies, including the head of the debtor shall be liable in accordance with the legislation of the Russian Federation.
3. the trustee since his appointment carries out the following functions: participates in maintaining the debtor's property, inventories and assessment of debtor's property and shall take measures to ensure its preservation;
examines the financial condition of the debtor;
to third parties in arrears to the debtor, demand for its recovery, in the manner prescribed by the legislation of the Russian Federation;
notify employees of the debtor of the impending dismissal in accordance with the legislation of the Russian Federation on labour;
declares, in accordance with the established procedure an objection as to the debtor creditors;
affirms rejection of contracts of the debtor. Waiver of the debtor's contracts declared in accordance with article 77 of this federal law;
taking steps to find, identify and return the debtor's property in the possession of third parties;
passes instruments of the debtor subject to mandatory storage in accordance with federal laws and other legal acts of the Russian Federation;
takes other measures established by this federal law.
4. In exercising his powers, the liquidator makes claims about invalidation of transactions entered into by the debtor, the debtor's property and obtaining from third parties, on the termination of the contracts entered into by the debtor, and performs other actions stipulated by the laws and other legal acts of the Russian Federation, to return the property of the debtor.
5. In exercising his powers, the liquidator shall have the right to make claims to third parties which, in accordance with the legislation of the Russian Federation bear subsidiary liability for the obligations of the debtor in connection with bringing it to bankruptcy.
The size of these requirements is determined on the basis of the difference between the amount of the claims of creditors and the estate.
Amounts recovered shall be included in the estate and can be used only on satisfaction of creditors ' claims in the order of priority established by this federal law.
T s t I a n 102. Valuation of property of the debtor 1. During the bankruptcy proceedings, the bankruptcy trustee performs an inventory and assessment of debtor's property.
To implement the activities of the trustee has the right to attract appraisers and other professionals with paying their services at the expense of the debtor's property, unless otherwise established by the meeting of creditors, or the creditors ' Committee.
2. If the debtor's assets subject to sale in the course of the bankruptcy proceedings, is real estate, the property is evaluated before the sale by an independent appraiser, unless otherwise established by the meeting of creditors, or the creditors ' Committee.
T s t b I 103. Competitive weight 1. All property of the debtor, at the time of the opening of bankruptcy proceedings and revealed during bankruptcy proceedings, is the estate.
2. From the property of the debtor of the estate are excluded property seized from property rights related to the personality of the debtor, including rights based on authorization (licenses) to carry out certain activities, as well as other assets stipulated by this federal law.
3. in order to correct accounting of the debtor's property of the bankruptcy estate, the trustee has the right to attract accountants, auditors and other professionals.
S t a t I n g 104. The debtor's property, not included in the bankruptcy estate 1. If the composition of the assets of the debtor's property seized from the turnover, bankruptcy trustee shall notify the owner of the seized property.
2. the owner of the seized property must take from the bankruptcy trustee the property or freeze it for others, within one month from the date of receipt of the notification by the bankruptcy trustee.
3. In the event of default by the owner of property seized from the turnover, the duties under paragraph 2 of this article, on the expiry of one month from the date of receipt of the notification by the bankruptcy trustee of all the expenses of the property seized from the owner of the specified property.

4. social housing use, preschools and objects of municipal infrastructure, vital for the region, be transferred to the appropriate municipality in the capacity of authorized bodies of local self-government in the manner provided for in paragraphs 1-3 of this article. Duty of maintenance and operation of these facilities in accordance with their special-purpose designation rests with the authorized bodies of the local self-government, one month after the date of receipt of the notification of the bankruptcy trustee.
5. the transfer of the objects referred to in paragraph 4 of this article, authorized bodies of local self-government is carried out according to the actual condition and without any additional conditions. Sources of financing of these objects are the relevant budgets.
6. officials authorized local authorities, do not comply with the provisions of paragraphs 4 and 5 of this article shall bear administrative or other liability in accordance with the legislation of the Russian Federation.
T s t b I 105. Account debtor in the course of bankruptcy proceedings 1. Bankruptcy trustee is obliged to use in the course of bankruptcy proceedings the debtor only one account in the Bank or other crediting Organization (main account).
Other accounts of the debtor in banks and other credit organizations, known at the time of the opening of bankruptcy proceedings, as well as discovered during the bankruptcy proceedings, subject to the closure of the insolvency administrator as they are discovered. The debtor's cash balances from these accounts should be listed at the main expense of the debtor.
2. On the main account debtor funds also credited the debtor received during bankruptcy proceedings.
From the main account of debtor payments to creditors in the manner provided for in article 106 of this federal law and the costs referred to in paragraph 3 of this article.
3. From the main account of the debtor paid the following: expenditure relating to the payment of a fee to the contest Manager;
current utility and maintenance payments by the debtor;
costs associated with the publication of the communication on considering a debtor bankrupt and information about recognition of the debtor bankrupt and on the opening of bankruptcy proceedings, as well as notifying creditors of the debtor;
other costs associated with the implementation of the bankruptcy proceedings.
4. Report on the use of funds of the debtor bankruptcy trustee represents the meeting of creditors and the creditors ' Committee at any time upon request.
T s t b I 106. Priority creditors 1. Out of turn are covered by legal costs, costs associated with the payment of a fee by the insolvency administrator, current utility and maintenance payments by the debtor, as well as claims of creditors on the debtor's obligations which have arisen in the course of supervision, external management and bankruptcy proceedings.
2. Claims of creditors shall be satisfied in the following order: first, claims of citizens to whom the debtor is liable for injury caused to life and health, through capitalization of the respective periodic payments;
secondarily, calculations of severance allowances and remuneration of persons employed under a labour contract, including contract and compensation for copyright treaties;
in the third priority, claims of creditors on obligations, collateralised property of the debtor;
in the fourth priority claims on obligatory payments to the budget and the extrabudgetary funds;
in the fifth priority calculations with other creditors.
T s t b I 107. The size and order of satisfaction of the claims of creditors of the first stage of the 1. Sizing requirements of the citizens to whom the debtor is liable for injury caused to life and health, shall be effected by the capitalisation of the respective periodic payments, set at the time of the adoption of the Arbitration Court decision declaring the debtor bankrupt and on the opening of bankruptcy proceedings, to be paid to citizen until the child reaches the age of seventy years, but not less than ten years.
If the age of the citizen exceeds seventy years, the period for the capitalization of the respective periodic payments shall be ten years.
2. payment of the amount capitalized timephased payments, the amount of which shall be determined in accordance with the procedure referred to in paragraph 1 of this article shall terminate the corresponding obligation of the debtor.
3. With the consent of the citizen of his right to claim against the debtor in the amount capitalized timephased payments goes to the Russian Federation.
In this case, the debtor's obligation towards the citizen to pay timephased payments transferred to the Russian Federation and the Russian Federation are executed in accordance with federal law and in the manner determined by the Government of the Russian Federation.
T s t b I 108. Requirements for termination benefits and remuneration

In determining the requirements for termination benefits and wages to persons employed under a labour contract, including a contract, whereas the outstanding debt, formed at the time of acceptance by Arbitration Court of an application for recognition of the debtor bankrupt.
If the debtor in the period since the adoption by the Court of arbitration of the declarations of acceptance of the debtor bankrupt not fully fulfilled the obligations for termination benefits and wages to persons employed under a labour contract, including a contract, the amounts are not paid before the entry into force of the decisions of the arbitral tribunal on considering a debtor bankrupt and on the opening of bankruptcy proceedings are included in the total amount of indebtedness of the debtor to creditors of the second queue.
T s t b I 109. Claims of creditors on obligations, collateralised property of the debtor 1. In determining the amount of the claim of the creditor under an obligation secured by a pledge of property of the debtor, takes into account debt obligor in part secured by specified collateral.
2. Debt obligor in part, not secured by pledge of property of the debtor is taken into account in the composition of creditors ' claims fifth turn.
3. Claims of creditors on obligations, collateralised property of the debtor, subject to the satisfaction of, at the expense of all assets of the debtor, including those not subject to specified collateral.
T s t b I 110. Requirements for mandatory payments 1. In determining the requirements for compulsory payments take into account debts (arrears) band (formed) the arbitral tribunal at the time of adoption of the Declaration of acceptance of the debtor bankrupt.
2. If the debtor after acceptance by Arbitration Court of an application for recognition of the debtor bankrupt not fully paid required payments, the amounts not paid prior to acceptance by arbitration court decisions declaring the debtor bankrupt and on the opening of bankruptcy proceedings are included in the total amount of indebtedness of the debtor to creditors of the fourth turn.
3. the amounts of the fines (penalties) and other financial (economic) sanctions are subject to satisfaction of creditors ' claims, consisting of release 5.
T s t b I 111. Creditor claims fifth queue 1. In determining the amount of the claims of creditors fifth queue count toward the requirements for civil legal obligations, except nationals for compensation for harm caused to life and health, the claims of creditors on obligations, collateralised property of the debtor, and the demands of founders (participants) of the debtor-legal entity arising from such participation.
2. Claims of creditors of release 5 of the damages, recovery of penalties (fines, penalties) and other financial (economic) sanctions, including for nonperformance or improper performance of the obligation to pay the compulsory payments, accounted for separately in the register of creditors ' claims and compensable after repayment of debt and outstanding interest.
S t a t I n g 112. Sale of property of the debtor 1. After the inventory and evaluation of property of the debtor bankruptcy trustee will proceed to sell the property at public auction, if the meeting of creditors, or the creditors ' Committee did not set a procedure for sale of the debtor's property.
The order and timing of the sale of the debtor's property must be approved by the meeting of creditors, or the creditors ' Committee.
2. the property of the debtor relating to limited oborotosposobnomu, can be sold only at a private auction.
In closed bidding is attended by persons who, in accordance with the Federal law may have property or other property right of specified property.
3. the trustee may act as an organizer of trades or entrust a specialized organization of tendering on the basis of the Treaty. A specialized organization, conducting auctions, there can be no interested party or interested person to the debtor's bankruptcy trustee.
4. The debtor's property not sold at the first auction, on repeated trades or the insolvency administrator is implemented on the basis of a contract of sale concluded without bidding.
5. sale of the debtor's business is carried out in accordance with article 86 of the present Federal law.
T s t b I 113. Assignment of rights claims of the debtor 1. Trustee shall have the right to put up for competitive bidding law requirements of the debtor, if otherwise (concessions) of the right of claim of the debtor not installed Assembly of creditors, or the creditors ' Committee.
2. sale (assignment) of the debtor's rights of claim on public tender shall be subject to the rules provided for in article 88 of this federal law, unless otherwise provided by federal law or follows from the nature of the requirements.
T s t b I 114. Accounts payable 1. Bankruptcy trustee performs accounts payable in accordance with the register of creditors ' claims.
Setting the amount of the claims of creditors shall be made in the manner provided for in articles 46 and 75 of this federal law.

2. The claims of each priority shall be satisfied after the full satisfaction of the claims of the previous turn.
3. If insufficient funds of the debtor they are distributed among creditors that queue in proportion to the amounts of the requirements to be satisfied, unless otherwise stipulated by this federal law.
4. Claims of creditors, declared after the closure of the register of creditors ' claims, including claims for the payment of the compulsory payments, arising after the opening of bankruptcy proceedings are of property of the debtor remaining after satisfaction of the claims of creditors filed within the prescribed time limit.
Claims of creditors of the first and second queue, claimed before the end of settlements with all creditors, including after the closure of the register of creditors ' claims, compensable. To fully meet these requirements satisfaction of creditors ' claims that queue is suspended. In the same manner compensable claims of creditors of the other queues made within the prescribed time limit, but not recognized by the insolvency administrator with respect to whom there is entered into legal force of the decision of the arbitral tribunal on their meeting.
5. Claims of creditors are not satisfied because of the insufficiency of the property of the debtor shall be deemed to be terminated. Settled claims of creditors are also not recognized by the insolvency administrator, if the creditor has not applied to the arbitral tribunal or the arbitral tribunal recognized such claims unfounded.
6. Trustee makes in the register of creditors ' claims information about repaying creditors.
7. The creditors, whose claims have not been met in full during the bankruptcy proceedings, have the right to claim to third persons illegally property of the debtor. This requirement may be brought within ten years after the end of the bankruptcy case.
T s t b I 115. Supervising the bankruptcy trustee 1. Bankruptcy trustee at least once a month to submit to the Committee of creditors, or the creditors ' meeting a report of its activities, information on the financial status of the debtor and his property at the time of the opening of bankruptcy proceedings and during the bankruptcy proceedings, as well as other information.
2. the trustee shall be obliged to request the arbitral tribunal to provide the Tribunal with all the information related to the bankruptcy proceedings.
T s t b I 116. Dismissal of the bankruptcy trustee in case of nonperformance or improper performance of the insolvency administrator responsibilities entrusted to it, the arbitral tribunal on the request of the meeting of creditors, or the creditors ' Committee dismissed the bankruptcy trustee from performing his duties and appoints new bankruptcy trustee.
S t a t I n g 117. Report of the bankruptcy trustee After completion of settlements with creditors trustee shall submit the arbitral tribunal report on the results of the bankruptcy proceedings.
The bankruptcy trustee to the report shall be accompanied by: documents confirming the sale of the debtor's property;
Register of creditors ' claims, together with an indication of the size of the remaining creditors;
documents confirming the repayment of creditors ' claims.
T s t b I 118. Property of the debtor remaining after the repayment of creditors 1. The assets of the debtor, which proposed to sell, but was not implemented in the course of the bankruptcy proceedings, in the absence of declarations of the owner of the property of the debtor-enterprise, founders (participants) of the debtor-legal entity on the rights on the property trustee shall notify the competent authorities of the respective municipality.
2. Not later than one month from the date of receipt of the notification to the competent authorities of the respective municipal education take the specified in paragraph 1 of this article, property on the balance and bear all costs of maintenance of the property.
T s t b I 119. Completion of the bankruptcy proceedings 1. After considering the report of the Court of arbitration of the bankruptcy trustee about the outcome of the bankruptcy proceedings, the arbitral tribunal shall determine the completion of the bankruptcy proceedings.
2. Trustee within ten days from the date of the determination of the arbitral tribunal on the completion of the bankruptcy proceedings should submit this definition to the body, which should be submitted the necessary documents for the State registration of the debtor in relation to his elimination. (As amended by the Federal law of March 21, N 31-FZ)
3. Definition of Arbitration Court on the conclusion of the bankruptcy proceedings is a ground for inclusion in the unified State Register of legal persons of record about the liquidation of a debtor.
4. from the moment of entering into the unified State registry of legal persons of record about the liquidation of a debtor bankruptcy trustee's powers are terminated, the receivership is considered complete, and the debtor-liquidated.
CHAPTER VII. SETTLEMENT AGREEMENT with t and t b I 120. General provisions

1. at any stage of consideration by the Court of arbitration of the bankruptcy, the debtor and the creditors have the right to enter into the settlement agreement.
2. A decision on the conclusion of a settlement agreement on behalf of the bankruptcy creditors meeting was adopted. The decision of the meeting of creditors on the conclusion of an amicable agreement is accepted by the majority of voices from the total number of bankruptcy creditors and is considered to be accepted if all creditors voted for the obligations, collateralised property of the debtor.
Decision on the conclusion of a settlement agreement by the debtor was adopted by a citizen-debtor or debtor's Manager, external managers or the insolvency administrator.
3. Participation in the settlement agreement of third parties, which assume the rights and obligations provided for in the settlement agreement.
4. The settlement agreement is subject to approval by the Court of arbitration, as stated in the definition of a Court of arbitration to terminate the proceedings on bankruptcy. If the settlement agreement is concluded in the course of the bankruptcy proceedings, the arbitral tribunal shall issue a ruling on approval of the settlement agreement.
5. The settlement agreement shall enter into force with respect to the debtor and bankruptcy creditors, as well as to third parties involved in the settlement agreement, on the date of its adoption by the Court of arbitration and is competitive to the debtor, creditors or third parties involved in the settlement agreement, compulsory.
6. the unilateral refusal to perform in force a settlement agreement is not allowed.
T s t b I 121. Form settlement agreement 1. The settlement agreement is in writing.
2. The debtor is the settlement agreement is signed by the debtor or the head of the citizen of the debtor, or the insolvency administrator. On behalf of the creditors, the settlement agreement is signed by a person authorized by the meeting of creditors.
3. If the settlement agreement involved third parties, on their part, the settlement agreement is signed with these persons or their representatives.
T s t b I 122. The contents of the settlement agreement 1. The settlement agreement should contain provisions on size, order and terms of execution of the obligations of the debtor and (or) on the cessation of the obligations of the debtor granting compensation innovation commitments, debt forgiveness or other means provided by the civil legislation of the Russian Federation.
2. Settlement Agreement may contain terms: postponement or installment of fulfillment of obligations of the debtor;
on the assignment of the rights of claim against the debtor;
on the performance of the obligations of the debtor by a third party;
about the discount to the debt;
on the exchange requirements for the shares;
the satisfaction of creditors ' claims in other ways consistent with federal laws and other legal acts of the Russian Federation.
3. the terms and conditions of a settlement agreement for bankruptcy creditors not involved in voting on the conclusion of an amicable agreement, and also voted against the contract, could not be worse than bankruptcy creditors of the same class, voted for it.
T s t b I 123. Approval of the settlement agreement by the Court of arbitration 1. The settlement agreement can be concluded after debt repayment to creditors of the first and second turns.
2. the debtor, the insolvency administrator or liquidator within five days from the moment of the conclusion of the settlement agreement shall submit to the Arbitration Court approving the settlement agreement.
3. The statement on approval of the settlement agreement should be applied: the text of the settlement agreement;
minutes of the meeting of creditors, which adopted the decision on the conclusion of a settlement agreement;
a list of all of the bankruptcy creditors with their addresses and the amount of the debt;
documents evidencing the debt repayment to creditors first and second queue.
written objections to bankruptcy creditors who did not participate in the voting on the conclusion of an amicable agreement or voted against the conclusion of a settlement agreement.
4. The date of consideration of application for approval of the settlement agreement, the arbitral tribunal shall notify the parties concerned. Failure to izveshhennyh persons does not preclude consideration of a bankruptcy case.
T s t b I 124. Impact of approval of the settlement agreement by the Court of arbitration 1. Approval of the settlement agreement by the Court of arbitration in the course of monitoring or external control is grounds for the termination of the bankruptcy case.
2. Approval of the settlement agreement by the Court of arbitration in the external control is grounds for the termination of the moratorium on satisfaction of creditors ' claims.
3. In the case where the settlement agreement is approved by the Court of arbitration in the course of the bankruptcy proceedings, the decision of the Court of arbitration on the recognition of the debtor bankrupt and on the opening of bankruptcy proceedings is not subject to execution.
4. Since the approval of the settlement agreement, the arbitral tribunal shall terminate the powers of the Interim Manager, an outside Manager, the bankruptcy trustee.
The insolvency administrator, liquidator of the debtor-legal entity acted as head of the debtor until the date of appointment (election) head of the debtor.

5. Since the approval of the settlement agreement, respectively, citizen-the debtor or the debtor's insolvency administrator, Manager or liquidator are beginning to repay debt owed to creditors.
T s t I a n 125. Denial of approval of the settlement agreement by the Court of arbitration 1. In case of non-fulfillment of debt obligations to creditors first and second stage of the Arbitration Court shall refuse approval of the settlement agreement.
2. the arbitral tribunal may refuse approval of settlement agreement in cases of violations of the settlement agreement stipulated by this federal law;
non-compliance form settlement agreement;
violations of the rights of third parties;
the contradictions of the conditions of the settlement agreement federal laws and other legal acts of the Russian Federation.
3. The refusal of approval of a settlement agreement, the arbitral tribunal shall determine, which can be appealed.
T s t b I 126. Consequences of refusal of approval of a settlement agreement 1. In the case of a determination by the arbitral tribunal on the refusal of approval of a settlement agreement the settlement agreement is considered the prisoner.
2. definition of the Court of arbitration on the non-approval of the settlement agreement does not preclude the conclusion of a new global agreement.
T s t b I 127. Invalidity of an amicable agreement on the application of the debtor, a creditor or the Prosecutor settlement agreement may be declared invalid by a Court of arbitration: If the settlement agreement contains conditions, providing benefits for individual lenders or infringement of the rights and legitimate interests of individual creditors;
If a settlement agreement could lead to the bankruptcy of the debtor;
If there are other grounds of invalidity of transactions contemplated by the civil legislation of the Russian Federation.
T s t b I am 128. The effects of recognition of a world agreement 1. Recognition of the global agreement is the basis for the resumption of the bankruptcy case. On the resumption of the bankruptcy case, the arbitral tribunal shall determine, which can be appealed.
2. in the event that an amicable agreement invalid claims of creditors, for which a deferral was made and (or) installment owed payments or debt discount, restored to the unsatisfied portions thereof.
3. Acceptance of a settlement agreement null and void shall not entail a duty to creditors first and second line to return to the debtor received their arrears.
In the part not regulated by this article, apply the consequences of the invalidity of transactions stipulated by the civil legislation of the Russian Federation.
4. in the event that an amicable agreement invalid message regarding a resumption of production in the case of bankruptcy of the debtor shall be published by the Court of arbitration at the expense of the debtor "Bulletin of the higher Arbitration Court of the Russian Federation" and the official publication of the State authority on bankruptcy and financial recovery.
5. Claims of creditors, which calculated on terms of a settlement agreement not contradict this federal law, shall be deemed to be terminated. Creditors, whose claims have been satisfied in accordance with the terms of the settlement agreement, requiring their benefits or infringement of the rights and legitimate interests of other creditors are obliged to refund all received in execution of a settlement agreement.
T s t b I am 129. Termination settlement agreement 1. Termination settlement agreement approved by the Court of arbitration, under the agreement between individual creditors and the debtor is not allowed.
2. Termination of amicable agreement on the decision of the arbitral tribunal in respect of a separate creditor shall not entail termination of amicable agreement in respect of the remaining creditors.
3. the global agreement may be terminated by a decision of the Court of arbitration in the event of default by the debtor to the conditions of a settlement agreement in respect of at least one-third of creditors ' claims. In this case, the consequences provided for under article 128 of the present Federal law.
T s t b I 130. Consequences of failure to comply with a settlement agreement 1. In the event of default by the debtor to the creditor of a settlement agreement has a right to assert their claims to the extent stipulated by the settlement agreement.
2. In case of bankruptcy the amount of creditors ' claims in respect of which an agreement has been concluded, shall be determined by the conditions provided for in the settlement agreement.
CHAPTER VIII. FEATURES BANKRUPTCY of CERTAIN CATEGORIES of DEBTORS-LEGAL PERSONS § 1. GENERAL PROVISIONS with t a t b I 131. General provisions the relations related to the bankruptcy of the core, agricultural, insurance organizations, as well as credit institutions apply the provisions of this federal law governing bankruptcy-legal persons, unless otherwise provided for in this chapter.
§ 2. BANKRUPTCY of the CORE ORGANIZATIONS with t a t b I 132. Status of core organizations

1. For the purposes of this federal law, forming organizations are recognized as legal persons, the number of employees which in view of the members of their families shall be not less than half of the population of the respective locality.
2. the rules referred to in this paragraph shall also apply to other organizations, the number of employees exceeds five thousand people.
T s t b I 133. Consideration of bankruptcy cityformation organization 1. When considering bankruptcy cityformation the Organization of a person involved in the bankruptcy case, recognized by the appropriate local authority.
2. As persons involved in the bankruptcy case, the arbitral tribunal may be also brought federal executive authorities and executive authorities of the constituent entities of the Russian Federation.
3. evidence confirming the status of the cityformation organization or the Organization corresponding to the number of employees, the arbitral tribunal shall be submitted by the debtor.
T s t b I 134. Introduction of external management entity under the guarantee 1. If the meeting has not decided about the introduction of external management, the arbitral tribunal shall have the right to enter receivership on grounds stipulated by this federal law, as well as on the request of the local authority or attracted to participate in the bankruptcy case, the appropriate federal body of executive power or authority of the Russian Federation, subject to the provision of a surety for the obligations of the debtor.
Surety for the obligations of the debtor may be given by the Russian Federation, Russian Federation or municipal entity, represented by their authorized bodies.
2. Local authority or attracted to participate in the bankruptcy case, the appropriate federal body of executive power or the Executive authority of the Russian Federation, submitted a surety for the obligations of the debtor is entitled to propose to the Court of arbitration nominate an outside Manager.
3. In cases where external management introduced in an order envisaged in the present article, the guarantor shall bear subsidiary liability for the obligations of the debtor before its creditors.
T s t b I 135. Extension of external control on the request of the local self-administration bodies 1. Out of band management cityformation organization may be extended by the Court of arbitration for a period not exceeding one year if there are motions of the local self-administration bodies.
2. Reason for extension of the out of band management cityformation Organization for the period provided for in paragraph 1 of this article may serve as a financial recovery plan of cityformation organization. Financial recovery plan of cityformation organization may involve investing in its activity, the employment of its workers, job creation and other ways to restore the solvency of the debtor-cityformation organization.
3. at the request of the local authority or attracted to participate in the bankruptcy case, the appropriate federal body of executive power or authority of the Russian Federation, subject to the provision of a surety for the obligations of the debtor of the out of band management term cityformation organization can be extended to 10 years. Debtor and his guarantor in this case are obliged to proceed to settlements with creditors no later than the timescales envisaged in paragraph 1 of this article.
Failure to comply with the requirements provided for in this paragraph, is the basis for the recognition of the debtor bankrupt and the opening of bankruptcy proceedings.
S t a t I n g 136. Repayment of creditors ' claims in process judicial sanation 1. Russian Federation, constituent entity of the Russian Federation or the municipality, represented by their authorized bodies may at any time before the end of the out of band management cityformation organization pay with all creditors or to repay creditors by monetary commitments and mandatory payments otherwise stipulated by this federal law.
2. Satisfaction of creditors ' claims is carried out in order of priority, established by article 106 of this federal law.
3. In case of satisfaction of the creditor claims on monetary commitments and mandatory payments in the manner provided for in paragraphs 1 and 2 of this article, bankruptcy proceedings must be terminated.
T s t b I am 137. Sale of a business 1. In order to meet the demands of creditors during the out of band management can be carried out the sale of the company.
2. If the petition local authority or attracted to participate in the bankruptcy case, the appropriate federal body of executive power or authority of the Russian Federation for sale businesses is made by competition.
3. Binding terms and conditions of the competition are:

save jobs for no less than 70 percent of workers employed in the enterprise at the time of the sale;
the buyer's obligation in the event of a change in the profile of activity of the enterprise or retrain employ these workers.
Other terms and conditions of the contest can be fitted exclusively with the consent of the creditors ' meeting in the manner provided for in article 14 hereof.
4. If specified in paragraph 2 of this article, the application was not filed, or the company was not sold on the terms of the competition, the company to be sold at auction.
T s t I a n 138. Sale of property of the debtor declared bankrupt 1. When selling property the debtor declared bankrupt, a court-appointed trustee should put up for sale on first trading enterprise as a property complex.
2. If the property of the debtor was not sold in the manner provided for in paragraph 1 of this article, the sale of the debtor's property shall be carried out according to the rules provided for in article 87 of this federal law.
§ 3. BANKRUPTCY of the AGRICULTURAL ORGANIZATIONS with t a t b I 139. General provisions 1. For the purposes of this federal law under the agricultural organizations refers to legal entities whose main activity is the cultivation of (manufacturing, production and processing) of agricultural products, whose revenues from the sale of cultivated (produced, manufactured and processed) agricultural products is not less than 50 per cent of the total revenue.
2. features of the bankruptcy of the agricultural organizations provided for in this federal law, shall also apply to fishing arteljam (collective farms), whose revenues from the sale of cultivated (produced, manufactured and processed) agricultural products and caught water biological resources is not less than 70 per cent of the total revenue.
3. In the sale of real estate objects, which are used for agricultural production and belong to the agricultural organization recognized as bankrupt, ceteris paribus the preferential right to purchase specified objects owned by agricultural organizations and peasant (farmers ') holdings, located in the area.
4. In case of liquidation due to bankruptcy of the agricultural organizations of their land can be alienated or move on to another person, the Russian Federation, constituent of the Russian Federation or the municipality to the extent their turnover allowed land legislation.
T s t I a n 140. Monitoring and external control 1. In the course of the observation in the analysis of the financial condition of the agricultural organizations must take into account the seasonality of agricultural production and its dependence on climatic conditions, as well as the ability to meet the demands of creditors from the proceeds, which can be obtained at the end of the appropriate period of farm work.
2. External control of Agriculture Organization is introduced for the period up to the end of the relevant period of farm work, taking into account the time necessary for the realization of cultivated (produced, manufactured and processed) for agricultural products. Specified period may not exceed the deadlines established by paragraph 4 of article 68 of this federal law, more than three months.
If during the period of decline occurred in the out of band management and the worsening financial condition of agricultural organization in connection with natural disasters, OIE and other severe terms, out of band management term may be extended for one year.
§ 4. The BANKRUPTCY of CREDIT ORGANIZATIONS with t a t I n g 141. Regulation of bankruptcy of credit organizations to relations arising upon the debtor's incapacity-credit organization to satisfy the claims of creditors, this federal law applies in the part not regulated by the Federal law on Insolvency (bankruptcy) of credit institutions.
T s t b I 142. Grounds for the recognition of credit institution bankrupt 1. Grounds for the recognition of credit institution bankrupt are determined by the Federal law on Insolvency (bankruptcy) of credit institutions.
2. A declaration accepting the credit institution bankrupt shall be considered by the arbitral tribunal after the withdrawal of the Bank of Russia from the credit organization license for carrying out banking operations, unless otherwise stipulated in the Federal law on Insolvency (bankruptcy) of credit institutions.
T s t b I 143. Bankruptcy proceedings of credit institutions 1. Based on the results of consideration of an application for recognition of a credit institution bankrupt, the arbitral tribunal may decide to recognize the credit institution bankrupt and on the opening of bankruptcy proceedings or a decision to refuse recognition of the credit institution bankrupt.

2. In case of acceptance by arbitration court decisions declaring the credit institution bankrupt bankruptcy proceedings are carried out in the manner prescribed by this federal law, taking into account the peculiarities stipulated by the Federal law on Insolvency (bankruptcy) of credit institutions.
§ 5. BANKRUPTCY INSURANCE ORGANIZATIONS with t a t b I 144. Consideration of the bankruptcy of an insurance organization 1. In the case of bankruptcy of an insurance company a person involved in the arbitration process, recognizes the State body of the Russian Federation for supervision of insurance activities.
2. Declaration of acceptance insurance company bankrupt may be filed in the Court of arbitration of the debtor, the bankruptcy creditor, Attorney General and other authorized in accordance with the Federal Act by a public authority.
T s t b I 145. Sale of asset complex insurance organization 1. Sale of asset complex insurance organization can be carried out in the course of external control in accordance with the rules provided for in article 86 of this federal law.
In the implementation of competitive manufacture complex insurance company can be sold only with the consent of the buyer to take on the insurance contracts, for which the insured event had not stepped up to the date the insurance company bankrupt.
2. Buyer's property insurance organization can act only insurance organization.
3. In case of sale of property complex insurance organization in the external control to its buyer assumes all rights and obligations under insurance contracts, for which at the date of sale of the property insurance company insured event had not occurred.
T s t b I 146. Right of policyholders in the event of bankruptcy of the insurance organizations 1. In case of acceptance by arbitration court decisions declaring the insurance company bankrupt and on the opening of bankruptcy proceedings all insurance contracts concluded by such an organization as the insurer and the insured event had not stepped up to the date of adoption of the decision, shall terminate, except as provided for in paragraph 1 of article 145 of this federal law.
2. Insured persons (beneficiaries) for insurance contracts, cancelled on the grounds referred to in paragraph 1 of this article shall have the right to claim a refund of part of the premium to the insurer paid in proportion to the difference between the period of validity of the insurance contract and for a period during which insurance contract for acted, unless otherwise stipulated in the Federal law.
3. Insured persons (beneficiaries) for insurance contracts, for which the insured event occurs prior to the date of acceptance by arbitration court decisions declaring the insurance company bankrupt and on the opening of bankruptcy proceedings, have the right to demand payment of the sum insured.
T s t b I 147. Satisfaction of creditors ' claims in the event of release 5 of the adoption by the arbitral tribunal, the decision on recognition of insurance company bankrupt and on the opening of bankruptcy proceedings, the claims of creditors of release 5 of the compensable in the following order: first, the claims of creditors on contracts of compulsory personal insurance, as well as to other treaties of compulsory insurance in part compensation for harm caused to life or health of citizens; (As amended by the Federal law dated 25.04.2002 N 41-ФЗ) secondarily-creditor claims on other contracts of compulsory insurance;
in the third priority, claims of other creditors-insurers (beneficiaries), including requirements under article 146, paragraph 2 hereof;
in the fourth priority requirements other creditors.
§ 6. BANKRUPTCY PROFESSIONAL PARTICIPANTS of the SECURITIES MARKET with t a t b I 148. Regulation of bankruptcy professional securities market participants 1. When considering bankruptcy organization or citizen that are professional participants in the securities market, a person involved in the arbitration process, recognizes the State body of the Russian Federation on regulating the securities market.
2. features of the bankruptcy professional participants of the securities market is not regulated by this paragraph, as well as measures to protect the rights and interests of our clients professional participants of the securities market can be provided with federal laws and other legal acts of the Russian Federation.
3. the procedure of bankruptcy prevention and conduct of pre-trial procedures restore solvency of professional securities market participants shall be established by federal laws and other legal acts of the Russian Federation.
T s t b I 149. Requirements for the arbitration Manager trustee involved in the bankruptcy case of a professional participant of securities market must be licensed by the liquidator, as well as a certificate issued by a public authority of the Russian Federation on regulating the securities market.
T s t b I 150. Surveillance features

1. limitations on transactions is a professional participant of the securities market in the application to it of bankruptcy procedures stipulated by this federal law, shall not apply to transactions with its clients, committed on behalf of clients, confirmed the latest after the commencement of the bankruptcy case.
2. The Interim Manager is obliged within ten days since his appointment to direct clients, surrendered to the debtor-securities market professional in managing their securities, a notice of commencement of a bankruptcy case and a temporary administrator rights. In the said notice of arbitration Manager license requisites and the type and details of certificate issued by a public authority of the Russian Federation on regulating the securities market, as well as the proposed order of the actions that you want to do with securities belonging to the client.
T s t b I 151. Especially the out of band management and bankruptcy proceedings 1. Securities and other property held by clients of a professional participant of securities market, are not included in the bankruptcy estate.
2. Since the introduction of external management or bankruptcy proceedings, the remaining customer securities be returned to clients, unless otherwise provided by agreement of the external Manager or the bankruptcy trustee with customers.
3. If the requirements of the customers in regard to the return of their securities of one kind (one issuer, one category of the same type, one series) exceed the amount of such securities in the possession of a professional securities market participant, the return of such securities to clients is carried out in proportion to the requirements of the customers.
Customer requirements into their part recognized an unmet commitments of money and satisfied (repaid) in the manner provided for in chapter VI of this federal law.
4. The external management of the Organization, which is a professional participant of the securities market, the insolvency administrator may transfer the securities transferred to the Organization in the management of customers, an organization that has licensed professional participant of securities market, with the consent and on behalf of clients.
CHAPTER IX. BANKRUPTCY CITIZEN § 1. GENERAL PROVISIONS with t and t b I 152. Regulation of bankruptcy of the citizen 1. The relations related to the bankruptcy of the citizen, the provisions of chapters I to VII of the present Federal law, unless otherwise provided for in this chapter.
2. the rules referred to in this paragraph shall be applied to relations associated with the bankruptcy of an individual entrepreneur and the bankruptcy of the peasant (farmer) economy, taking into account the peculiarities stipulated by paragraphs 2 and 3 of this chapter.
T s t b I 153. Declaration of acceptance of the bankrupt citizen 1. Declaration of acceptance of the bankrupt citizen may be filed in the Court of arbitration of the citizen-debtor, creditor, the Prosecutor, as well as tax and other authorized bodies.
2. The right to submit an application for recognition of a citizen have a bankrupt lenders, with the exception of creditors for claims for compensation for harm caused to life and health, for the recovery of maintenance, as well as creditors for other requirements.
3. in the application of insolvency procedures creditors on citizen demands for compensation for harm caused to life and health, for the recovery of maintenance, as well as on other requirements of the personal data have the right to assert their claims.
Requirements of these creditors not alleged in the application of bankruptcy proceedings of the citizen, shall remain in force after the completion of bankruptcy procedures.
T s t b I 154. Repayment plan 1. The statement can be a citizen annexed plan of paying off his debts, copies of which are forwarded to the creditors and other persons involved in the bankruptcy case.
2. If he heard no objection, the lenders, the arbitral tribunal may approve the repayment plan that is the basis for the suspension of bankruptcy proceedings for a period not exceeding three months.
3. repayment Plan should include: the deadline for its implementation;
residual monthly amounts the debtor and his family on consumption;
the amounts to be allocated to a monthly repayment of creditors ' claims.
4. The arbitral tribunal may on reasoned request of persons involved in the bankruptcy case, change repayment plan, including increase or decrease the duration of its implementation, the amounts of residual monthly to the debtor and his family on their consumption.
5. If the debtor debt repayment plan, creditors paid in full bankruptcy proceedings be terminated.
T s t b I 155. The property of a citizen who is not included in the bankruptcy estate 1. Not be included in the insolvency estate the property of a citizen, on which, in accordance with the civil legislation of the Russian Federation may not be levied.

2. the arbitral tribunal shall have the substantiated request of the citizen and other persons involved in the bankruptcy case, excluded from the insolvency estate the property of a citizen, on which, in accordance with the civil legislation of the Russian Federation may be levied, which is illiquid or income from sales which will not impact significantly on satisfaction of creditors ' claims. Total assets of citizen excluded from the estate in accordance with the provisions of this paragraph may not exceed one hundred times the minimum wage.
List of citizen excluded from the estate in accordance with the provisions of this paragraph shall be approved by the Court of arbitration, as ruling, which can be appealed.
T s t b I 156. Invalidity of deals citizen citizen Transactions related to the alienation or transfer of the property of a citizen otherwise interested persons for one year prior to the initiation of arbitration court proceedings in bankruptcy are void.
On demand of the creditor, the arbitral tribunal shall apply the consequences of the invalidity of a void transaction as return of the property of a citizen who was the subject of a transaction, in the assets of a citizen or as a foreclosure on the property in the possession of the persons concerned.
T s t b I 157. Consideration of the Bankruptcy Court of arbitration 1. Simultaneously with the adoption of the Declaration of acceptance of the Arbitration Court of the bankrupt citizen imposes citizen property, except property which, in accordance with the civil legislation of the Russian Federation may not be levied.
2. at the request of a citizen, the arbitral tribunal may vacate the property of the citizen (a part of the property of the citizen) from arrest in the case of a surety or other citizen security for performance of obligations by third parties.
3. According to the citizen, the arbitral tribunal may defer consideration of bankruptcy is not more than one month to implement a citizen of settlements with creditors or reaching an amicable agreement.
4. subject to the availability of information about the opening of the inheritance in favour of the citizen, the arbitral tribunal shall have the right to suspend the bankruptcy proceedings before deciding the fate of the inheritance in accordance with the procedure established by federal law.
5. If, within the prescribed period, paragraph 3 of this article, the citizen does not provide proof of payment of the arrears to its creditors within the specified period of time and there is no amicable agreement, the arbitral tribunal shall decide on the acceptance of citizen bankrupt and on the opening of bankruptcy proceedings.
T s t b I 158. The effects of recognition of a citizen bankrupt 1. Since the adoption of the Arbitration Court decision on recognition of a citizen of a bankrupt and on the opening of bankruptcy proceedings: timing of execution of obligations of a citizen considered occurred;
stops charging penalties (fines, penalty), interest and other financial (economic) sanctions for all liabilities of the citizen;
stops collecting with the citizen in all Executive documents, except for Executive documents for claims for alimony, as well as the requirements for compensation for harm caused to life and health.
2. The decision on recognition of a citizen of a bankrupt and on the opening of bankruptcy proceedings, the arbitral tribunal shall send to all known creditors, indicating the duration of the presentation of the creditors, which may not exceed two months.
Mailing of the decision of the arbitral tribunal shall be carried out at the expense of citizens.
T s t b I 159. Pursuant to the decisions of the arbitral tribunal 1. The decision of the Court of arbitration on the recognition of citizen bankrupt and on the opening of bankruptcy proceedings and writ for foreclosure of the property of a citizen are sent to the bailiff, the Executive Director for the sale of the debtor's property. The sale is subject to all of the property of a citizen, except for the property is not included in the bankruptcy estate in accordance with this federal law.
2. If necessary, the ongoing management of real estate or valuable movable property of a citizen of the Arbitration Court shall appoint the bankruptcy trustee for these purposes and determines the amount of his remuneration. In this case, the sale of assets of a citizen carried out the insolvency administrator.
3. cash proceeds from the sale of property of the citizen, as well as available, are made to the deposit of the arbitral tribunal made the decision on the recognition of the citizen declared bankrupt.
T s t b I 160. Consideration of creditors ' claims, the Court of arbitration considers the claims of creditors, creditors or the debtor claimed within the time period provided for under article 158 of this federal law. Based on the results of consideration of the requirements of the Arbitration Court shall determine the order and the amount of the arrears to its creditors.
T s t b I 161. Order of satisfaction of the creditor claims

1. To meet the claims of creditors of monies paid into the deposit of the arbitral tribunal, shall be borne by the costs associated with the review of the bankruptcy and the execution of a judgment of the Court of arbitration on the recognition of citizen bankrupt and on the opening of bankruptcy proceedings.
2. Claims of creditors shall be satisfied in the following order: first, claims of citizens to whom the citizen is responsible for injury caused to life and health, through capitalization of the respective periodic payments, as well as requirements for alimony;
secondarily, calculations of severance allowances and remuneration of persons employed under a labour contract, including contract and compensation for copyright treaties;
in the third priority, claims of creditors on obligations, collateralised property of the citizen;
in the fourth priority claims on obligatory payments to the budget and the extrabudgetary funds;
in the fifth priority calculations with other creditors.
Accounts payable are carried out in the manner provided for in articles 107-111 of this federal law.
3. The claims of each priority shall be satisfied after the full satisfaction of the claims of the previous turn.
4. In case of insufficiency of funds in the deposit of the arbitral tribunal are distributed among creditors that queue in proportion to the amounts of their claims.
T s t b I 162. The release of a citizen from the obligations 1. After the completion of settlements with creditors citizen recognized bankrupt is exempt from execution creditor claims asserted in the implementation procedures for the recognition of a citizen of a bankrupt, except for the requirements set forth in paragraph 2 of this article.
2. Claims for compensation for harm caused to life and health, requirements for maintenance, as well as other requirements of a personal nature is not repaid in the order of execution of the decision of the Court of arbitration on the recognition of the citizen declared bankrupt or repaid partially or not claimed in the implementation procedures for the recognition of a citizen of the bankrupt shall remain in force and may be made after the end of the bankruptcy case of the citizen respectively, in full or in part thereof unpaid.
3. In the case of detection of concealing property a citizen or illegal transfer of property to a third party lender, whose requirements were not satisfied during bankruptcy proceedings is entitled to bring a claim of foreclosure on the property.
T s t b I am 163. Effects of repeated bankruptcy citizen 1. Within five years after the recognition of a citizen of the bankrupt on his application again cannot be instituted bankruptcy case.
2. In the case of repeated recognition of the citizen declared bankrupt according the lender, tax or other authorized body to the requirements for mandatory payments within five years after conclusion of the settlements with creditors of such citizen is not discharged from the further performance of the claims of creditors.
Unsatisfied creditors ' claims may be brought in the manner prescribed by the civil legislation of the Russian Federation.
§ 2. ESPECIALLY BANKRUPTCY of INDIVIDUAL ENTREPRENEURS with t a t b I 164. Grounds for recognition of the individual entrepreneur bankrupt the basis of recognition of the individual entrepreneur bankrupt is its inability to meet the demands of creditors on monetary obligations and (or) to fulfill the obligation to pay obligatory payments.
T s t b I 165. Declaration of acceptance of the individual entrepreneur bankrupt 1. Declaration of acceptance of the individual entrepreneur bankrupt may be filed by the debtor-individual entrepreneur, creditor liabilities related to business, tax and other authorities on the requirements on obligatory payments, as well as a Prosecutor.
2. When applying the bankruptcy of an individual entrepreneur his creditors on obligations not connected with entrepreneurial activity, as well as the lenders, according to the requirements of the personal data is also entitled to assert their claims.
T s t b I 166. The effects of recognition of an individual entrepreneur bankrupt 1. Since the adoption of the Arbitration Court decision on recognition of the individual entrepreneur bankrupt and on the opening of bankruptcy proceedings shall cease to have effect his State registration as an individual entrepreneur, as well as void issued him a license to conduct certain types of entrepreneurial activity.
2. Individual entrepreneur bankrupt, acknowledged, cannot be registered as an individual entrepreneur within one year from the date of his bankruptcy.
3. the arbitral tribunal shall send a copy of the decision on recognition of the individual entrepreneur bankrupt and on the opening of bankruptcy proceedings in the body that logged the citizen as an individual entrepreneur.
§ 3. FEATURES BANKRUPTCY PEASANT (or farmer's) farming operation

T s t b I 167. Grounds for recognition of the peasant (farmer) economy bankrupt Justify recognition of peasant (farmer) economy bankrupt is its inability to meet the demands of creditors on monetary obligations and (or) to fulfill the obligation to pay obligatory payments.
T s t I a n 168. Particular order of recognition of the individual businessman as head of the peasant (or farmer's) farming operation bankruptcy 1. A statement of the individual businessman as head of the peasant (or farmer's) farming operation on declaring a debtor bankrupt (hereinafter referred to as the Declaration) may be filed in the Court of arbitration with the written consent of all members of the peasant (or farmer's) farming operation.
A statement signed by the individual entrepreneur-the head of the peasant (or farmer's) farming operation.
2. The statement in addition to the documents referred to in article 34 of this federal law, shall be accompanied by documents: on the composition and value of the property of peasant (or farmer's) farming operation;
on the composition and value of the property owned by members of the peasant (or farmer's) farming operation on the property right, as well as the sources from which you purchased the property;
on the amount of income that can be received by a peasant (farmer) economy at the end of the appropriate period of farm work.
These documents are the individual entrepreneur-the head of the peasant (or farmer's) farming operation to recall the statement of the lender, tax statement or another authorized body or the Prosecutor's statement.
T s t b I 169. Features external control of peasant (farmer) economy 1. The head of the peasant (or farmer's) farming operation in the two-month period since the adoption by the Court of arbitration of the declarations of acceptance of the peasant (or farmer's) farming operation a bankrupt may be submitted to an arbitral tribunal plan to restore the solvency of the peasant (or farmer's) farming operation.
2. If the implementation of the activities called for in the plan of restoring the solvency of the peasant (or farmer's) farming operation will allow peasant (farm), including due to the income that can be received by a peasant (farmer) economy at the end of the appropriate period of farm work to repay the cash requirements and mandatory payments obligations, Arbitration Court enters receivership peasant (farmer) economy.
On the introduction of external management of peasant (farmer) economy Court of arbitration ruling, which can be appealed.
3. External control of peasant (farmer) economy is introduced for the period up to the end of the relevant period of farm work, taking into account the time necessary for the realization of cultivated (produced, manufactured and processed) for agricultural products. Specified period may not exceed the deadlines established by paragraph 4 of article 68 of this federal law, more than three months.
If during the period of decline occurred in the out of band management and the worsening financial condition of peasant (or farmer's) farming operation in natural disasters, OIE and other severe terms, out of band management term may be extended for one year.
4. External control of peasant (farmer) economy may be prematurely terminated by the arbitral tribunal upon the application of an external Manager or any of the creditors in the event of failure to comply with the measures envisaged by the plan of restoring the solvency of the peasant (or farmer's) farming operation;
the existence of other circumstances indicating an inability to restore solvency of peasant (or farmer's) farming operation.
Early termination of external control of peasant (farmer) economy entails recognition of his bankrupt and the opening of bankruptcy proceedings.
T s t b I 170. External Manager 1. For the implementation of the external control of peasant (farmer) economy appointed insolvency administrator.
2. External Manager can be assigned to a person with no arbitration Manager license.
3. the powers of the external Manager can be the head of the peasant (or farmer's) farming operation with the consent of the external Manager.
T s t b I 171. Competitive weight peasant (or farmer's) farming operation 1. In the case of recognition by the Court of arbitration of the peasant (or farmer's) farming operation bankrupt and the opening of bankruptcy proceedings in the bankruptcy estate peasant (or farmer's) farming operation located in common ownership are included members of the peasant (farmer) economy real estate, including plantings, housekeeping and other construction, reclamation and other structures, productive and work livestock, poultry, agricultural and other machinery and equipment, vehicles, equipment and other property purchased for peasant (or farmer's) farming operation on its members ' shared features as well as the right to lease a land plot and other proprietary rights owned by peasant (farm) and having a monetary value.

2. In the event of bankruptcy of peasant (or farmer's) farming operation owned by peasant (farm) agriculture land can be alienated or move on to another person, the Russian Federation, constituent of the Russian Federation or the municipality to the extent that its turnover allowed land legislation.
3. the property owned by the chapter of peasant (farmer) economy and members of the peasant (or farmer's) farming operation on the property right, as well as other types of property in respect of which it is proved that it was purchased with the revenues, not common means peasant (or farmer's) farming operation are not included in the bankruptcy estate.
T s t b I'm 172. The order property sale farm real estate, as well as property rights over immovable property included in the estate farm, can be sold only by competition, a prerequisite of which is to preserve the trust of agricultural purpose sold objects.
T s t b I 173. The effects of recognition of peasant (or farmer's) farming operation 1 bankrupt. Since the adoption of the decision on recognition of peasant (farmer) economy bankrupt and on the opening of bankruptcy proceedings, State registration chapter peasant (or farmer's) farming operation as a sole proprietorship ceases to have effect.
2. the arbitral tribunal shall send a copy of the decision on recognition of the peasant (or farmer's) farming operation bankrupt and on the opening of bankruptcy proceedings in body, logged it as a sole proprietorship.
Chapter x. SIMPLIFIED BANKRUPTCY PROCEDURE § 1. FEATURES BANKRUPTCY the DEBTOR BEING LIQUIDATED with t a t b I 174. Bankruptcy debtor's liquidation 1. If the value of the property of the debtor-legal entity, about which the decision about liquidation, is insufficient to meet the claims of creditors, such legal entity is liquidated in the order stipulated by this federal law.
2. Upon detection of circumstances stipulated in paragraph 1 of this article, the liquidation Commission (liquidator) is required (must) apply to the arbitral tribunal a statement of recognition of the debtor bankrupt.
3. Upon detection of circumstances stipulated in paragraph 1 of this article, after the decision on liquidation of a legal entity and to the creation of a liquidation Commission (appointment of liquidator) Declaration of acceptance of the debtor bankrupt shall be filed with the Court of arbitration of the owner of the property of the debtor-enterprise, founder (participant) of the debtor or the debtor's head.
T s t b I am 175. Features of consideration of bankruptcy debtor's liquidation 1. The Arbitration Court shall decide on acceptance of a dissolving debtor-bankrupt and on the opening of bankruptcy proceedings and shall appoint a bankruptcy trustee.
The bankruptcy trustee's responsibilities may be assigned to the Chairman of the liquidating Commission (liquidator) regardless of the existence of arbitration Manager license.
2. creditors may assert their claims to the likvidiruemomu to the debtor within one month from the date of publication of the announcement about the recognition of the liquidated the debtor bankrupt.
3. in the case of a bankruptcy case instituted on the application of the owner of the property of the debtor-enterprise, founder (participant) of the debtor or the debtor's leader, filed before the establishment of the liquidation Commission (appointment of liquidator), consideration of a bankruptcy case is carried out without taking into account the characteristics provided for in this paragraph.
T s t b I am 176. The consequences of a refusal from the liquidation of a debtor in bankruptcy procedure 1. Violation of the requirements provided for under paragraph 2 of article 174 of this federal law, is a ground for refusal of registration in the unified State Register of legal persons of record about the termination of the legal person.
2. the owner of property of the debtor-enterprise, founders (participants) of the debtor, the debtor's leader and Chairman of the liquidating Commission (liquidator), involved in the violation of the requirements provided for in paragraphs 2 and 3 of article 174 of this federal law shall bear subsidiary liability for the unsatisfied demands of monetary commitments and mandatory payments by the debtor.
§ 2. BANKRUPTCY DEBTOR'S MISSING t s t b I am 177. Features of the application for recognition of a missing debtor bankruptcy where the debtor is a citizen of either the head of the debtor-legal entity, in fact, terminated its activities and establish their location is not possible, a statement of recognition of the missing debtor bankruptcy can be filed by a creditor, tax or other authorized body, as well as the Attorney General regardless of the size of the accounts payable.
T s t b I am 178. Consideration of the bankruptcy case of the missing debtor 1. The arbitral tribunal within two weeks from the date of acceptance of the declarations of acceptance of the production missing debtor bankrupt shall decide on acceptance of a missing debtor bankrupt and on the opening of bankruptcy proceedings.

2. The decision of the Court of arbitration on the recognition of the missing debtor bankrupt and on the opening of bankruptcy proceedings, shall be forwarded to the State authority on bankruptcy and financial health that within one week from the date of receipt of the decision of the arbitral tribunal is the candidacy of the bankruptcy trustee. The arbitral tribunal may appoint a bankruptcy trustee of public authority on bankruptcy and financial recovery.
3. the trustee shall notify the bankruptcy debtor's missing all known creditors of the debtor that is missing in a month from the date of receipt of the notification may assert their claims to the contest Manager.
4. at the request of the bankruptcy trustee when Network Monitor detects a missing property of the debtor, the arbitral tribunal may determine the termination of the simplified procedure of bankruptcy and the transition to the general procedures of bankruptcy envisaged by this federal law.
T s t b I 179. Distribution of proceeds 1. Satisfaction of creditors ' claims is carried out in order of priority, established by article 106 of this federal law. Creditors have the right to appeal the results of the consideration of their requirements of the insolvency administrator in bankruptcy court until the approval of the liquidation balance.
2. After settlements with creditors trustee makes liquidation balance sheet and submit it to the Arbitration Court, together with a report on its activities.
3. In the event of the discovery of the insolvency administrator of the property of a missing debtor the amount received from the sale of such property has been assigned to cover litigation expenses and remuneration to the contest Manager.
If the bankruptcy trustee responsibilities exercised public authority officer on bankruptcy and financial recovery, the amount of his remuneration, as well as the amount of costs related to the bankruptcy proceedings, lists the State authority on bankruptcy and financial recovery.
T s t b I'm 180. The application of the provisions of the bankruptcy debtor's missing provisions under this paragraph shall also apply in cases where the debtor's property of the legal person knowingly does not allow to cover legal costs in the case of bankruptcy or where during the last 12 months have not been conducted operations on the accounts of the debtor, as well as other signs of lack of entrepreneurial or other activity of the debtor.
CHAPTER XI. The VOLUNTARY DECLARATION of bankruptcy of the DEBTOR s t a t b I 181. Grounds and conditions for voluntary bankruptcy the debtor 1. If there are signs of bankruptcy debtor's leader can declare bankruptcy the debtor and its elimination.
2. voluntary declaration of bankruptcy of the debtor and its elimination can be done on the basis of the decision of the owner of the property of the debtor-enterprise or an authority designated in accordance with the founding documents of the debtor to make a decision about the liquidation.
3. the head of a debtor can voluntarily declare bankruptcy the debtor and its elimination only if it has obtained the written consent of all the creditors of the debtor.
T s t b I 182. Order voluntary announcement of bankruptcy of the debtor and its elimination 1. Subject to the conditions laid down by article 181 of this federal law, the head of the debtor publishes "Bulletin of the higher Arbitration Court of the Russian Federation" and the official publication of the State authority on bankruptcy and financial health voluntary declaration of bankruptcy of the debtor and its elimination.
In a voluntary declaration of bankruptcy of the debtor and its elimination of the period for the filing of claims of creditors and creditors ' objections against liquidation of the debtor, which may not be less than two months from the date of publication of the specified ads.
2. the head of the debtor is obliged to consider the claims of creditors, include them in the register of creditors ' claims and to proceed to the settlements with the creditors in the manner provided for in chapter VI of this federal law, except where the provisions of this chapter governing the activities of the arbitral tribunal in the course of the bankruptcy proceedings.
3. In case of liquidation of the debtor bankruptcy trustee duties shall devolve onto the Chairman of the liquidating Commission (liquidator).
T s t b I 183. Objections of creditors against the Elimination of the debtor 1. If a written objection at least one lender the debtor against liquidation of a debtor of the debtor's Manager is obliged to apply to the arbitral tribunal a statement of recognition of the debtor bankrupt within two weeks of the closing date for the filing of claims of creditors and creditors ' objections against liquidation of the debtor.
2. Any of the creditors of the debtor at any time before the completion of the procedures for liquidation of a debtor may apply to the arbitral tribunal a statement of recognition of the debtor bankrupt.
T s t I a n 184. Responsibility for violation of the order of liquidation of a debtor

In cases of violations of the requirements provided for in articles 181-183 of this federal law, concealment of assets by the debtor, the illegal transfer of its assets to a third party owner of the property of the debtor-enterprise, founders (participants) of the debtor, the debtor's creditors are owed Manager liability in the amount of unsatisfied creditors ' claims. These creditors can be brought within ten years from the date of liquidation of a debtor.
CHAPTER XII. Concluding and transitional provisions with t and t b I 185. Enactment of this federal law 1. This federal law enters into effect on March 1, 1998 year.
2. the provisions of the bankruptcy of citizens, who are not sole traders, stipulated by this federal law, effective from the date of entry into force of the Federal law on the introduction of appropriate changes in the Civil Code of the Russian Federation.
3. The regulations on the licensing of activity of court-appointed Trustees, under article 19 of this federal law, effective from March 1, 1999 year. To give effect to those provisions, persons who have obtained a certificate in the prescribed manner crisis management specialist, can be appointed by the arbitration managers and may register with the Arbitration Court.
4. In case of failure to the arbitral tribunal, in the manner prescribed by this federal law, court-appointed trustee, the arbitral tribunal may appoint a liquidator from among the staff of the public body on bankruptcy and financial health on the advice of the latter.
T s t b I'm 186. Regulation of relations connected with bankruptcy 1. Abrogating the law of the Russian Federation on Insolvency (bankruptcy) "(Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 1, p. 6).
2. Continue to bring laws and other legal acts acting on the territory of the Russian Federation, in accordance with this federal law, the laws and other legal acts shall apply insofar as they do not contradict this federal law.
3. invite the President of the Russian Federation to bring published legal acts in compliance with this federal law.
4. To instruct the Government of the Russian Federation: lead published legal acts in compliance with this federal law;
adopt legal acts ensuring the implementation of this federal law.
5. Cannot be recognized as bankrupt in accordance with the procedure stipulated by this federal law, unitary enterprises, not based on State or municipal property, to which to apply the rules on State enterprises in accordance with paragraph 5 of article 6 of the Federal Act on the entry into force of part 1 of the Civil Code of the Russian Federation (collection of laws of the Russian Federation, 1994, no. 32, p. 3302).
T s t b I 187. The application of federal law by arbitral tribunals 1. This federal law is applied by arbitral tribunals in cases of bankruptcy, which was instituted with the March 1, 1998 year.
2. Bankruptcy Procedure stipulated by this federal law: out of band management, bankruptcy proceedings and settlement agreement-can be introduced when considering bankruptcy courts of arbitration after March 1, 1998 year regardless of the date of adoption of these affairs. In this case, further consideration of the bankruptcy case shall be conducted in accordance with this federal law.
T s t b I 188. Bankruptcy organizations engaged in illegal activities to raise funds of citizens 1. Organization conducting illegal activities to raise funds of citizens, are subject to elimination in the manner provided for in paragraph 1 of chapter x of this federal law, with the features provided by this article.
2. A declaration accepting the Organization, supervising illegal activities to raise funds of citizens, bankruptcy can be filed in bankruptcy court by the debtor, the creditors, the Prosecutor, the State bodies authorized under federal law to act in protection of State and public interests.
3. the liquidation of the Organization, supervising illegal activities to raise funds of citizens and meet the demands of its creditors may only be effected in the course of the bankruptcy proceedings.
4. Satisfaction of creditors ' claims organization, supervising illegal activities to raise funds of citizens is carried out in the manner provided for in paragraph 1 of article 64 of the Civil Code of the Russian Federation for the bankruptcy of credit organizations.

5. In case of insufficiency of the property of the debtor, an organization providing illegal activities to raise funds to meet the demands of citizens, contributing citizens of the debtor organization managers, supervising illegal activities to raise funds of citizens and founders (participants) of the debtor, an organization providing illegal activities to raise funds of citizens jointly and severally bear subsidiary liability for the requirements of citizens investors.
T s t b I 189. Features bankruptcy of certain categories of debtors peculiarities of bankruptcy proceedings with regard to the subjects of natural monopolies and the organizations-participants of financial and industrial groups can be established by federal laws on natural monopolies and financial-industrial groups.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 6 January 8, 1998-FZ