About The Features Of Insolvency (Bankruptcy) Of The Subjects Of Natural Monopolies Of The Fuel And Energy Complex

Original Language Title: Об особенностях несостоятельности (банкротства) субъектов естественных монополий топливно-энергетического комплекса

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102060518

Ceases to be in force from July 1, 2009 year-federal law from 26.10.2002 y. N 127-FZ), the Russian Federation, the FEDERAL law on Insolvency (bankruptcy) features the subjects of natural monopolies of the fuel and energy complex passed by the State Duma June 4, 1999 year approved by the Federation Council of the year June 9, 1999 (as amended by the federal laws on Jul 18, 2005 N 88-FZ;
from 08.11.2007 N 258-FZ) Chapter i. General provisions article 1. Relations regulated by the present Federal Law 1. In accordance with the Federal law on Insolvency (bankruptcy) "this federal law sets particularly recognition of insolvent (bankrupt) subjects of natural monopolies of the fuel and energy complex, whose main activity is carried out in the fields of oil and oil products transportation by main pipelines, transport of gas through pipelines, transmission services of electricity and thermal energy (hereinafter-organization debtor) and the procedures for their bankruptcy.
2. this federal law also applies when recognition of insolvent (bankrupt) and conducting bankruptcy procedures of the fuel and energy complex entities whose main activity is connected with the production of electrical and thermal energy, natural gas and mining which are owned by or based on any right of property, related to the list of types of property that is part of a single supply of a technological complex, in accordance with paragraph 2 of article 3 of this federal law.
For purposes of this federal law, the main activity of the organizations referred to in paragraph 1 of this article and this paragraph refers to activities in which the amount of revenue from the sale is not less than 70 per cent of total revenues.
3. Not recognized insolvent (bankrupt) and are not subject to bankruptcy procedures in nuclear power plants.
4. Relations connected with insolvency (bankruptcy) of debtor organizations referred to in paragraphs 1 and 2 of this article, and not regulated by this federal law, shall be governed by the Federal law on Insolvency (bankruptcy) ".
Article 2. Signs of bankruptcy the debtor Organization 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) charge executed by the debtor within six months after the date of their execution and the amount payable exceeds the book value of the assets of the debtor organization, including the right of claim.
Article 3. The duty manager of the debtor organization apply to the arbitral tribunal a statement of the debtor 1. In addition to the cases referred to in article 9 of the Federal law on Insolvency (bankruptcy) ", head of the debtor organization is obliged to consult with the compliance with the requirements of article 6 hereof to the arbitral tribunal a statement of the debtor in the case on the basis of a court decision is levied on property, part of the single supply of the technological complex, defined in paragraph 2 of this article within ten days from the date of receipt by the debtor of the decision on foreclosure on the property. (As amended by the Federal law on Jul 18, 2005 N 88-FZ)
2. A single industrial-technological complex of the debtor organization consists of real and other property used for the main productive activity of the debtor organization and ensure continuous production process of supply consumers of fuel-energy resources (hereinafter referred to as the unified industrial-technological complex).
List of items included in the specified single industrial-technological complex is installed in accordance with the procedure established by the Government of the Russian Federation.
Article 4. Court-appointed Trustees by the insolvency administrator can be assigned an individual with experience in the respective organizations of the fuel and energy complex, referred to in paragraphs 1 and 2 of article 1 of the present Federal law.
Trustee shall act on the basis of a certificate issued by the authorized by the Government of the Russian Federation Federal Executive Body in the field of fuel and energy complex (hereinafter management body of the fuel and energy complex). (As amended by the Federal law dated 08.11.2007 № 258-FZ), Article 5. Public authorities, providing warning of bankruptcy the subjects of natural monopolies of the fuel and energy complex bankruptcy Warning the subjects of natural monopolies in the fuel and energy complex, as well as ensuring implementation of bankruptcy procedures in accordance with this federal law shall be carried out by a public authority on bankruptcy and financial health in conjunction with the management body of the fuel and energy complex.
CHAPTER II. PROCEEDINGS on bankruptcy in the BANKRUPTCY COURT

Article 6. Jurisdiction of bankruptcy Declaration of acceptance of the debtor-bankrupt organization was adopted by the Court of arbitration, if the debtor Organization requirements together constitute not less than fifty thousand times the minimum wage and the specified requirements are not redeemed within six months.
The statement the lender on the recognition of the debtor organization bankrupt shall be accompanied by the decision of the Court, confirming the validity of creditor claims, evidence recognition of these requirements by the debtor, documents from Executive inscription of notary.
Article 7. Persons involved in the bankruptcy case, Persons involved in the bankruptcy of the debtor organization, together with the persons referred to in article 34 of the Federal law on Insolvency (bankruptcy) "are: (as amended by the Federal law on Jul 18, 2005 N 88-FZ) control of the fuel and energy complex;
the Executive authority of the Russian Federation, local self-government body at the location of the debtor organization Article 8. Refusal of an application for recognition of the debtor organization bankruptcy judge of the Arbitration Court shall refuse acceptance of declarations of acceptance of the debtor-bankrupt organization, if violated, at least one of the conditions set out in article 6 hereof.
Article 9. Review of the debtor organization the declarations of acceptance of the debtor-bankrupt organization, in addition to the information referred to in article 47 of the Federal law on Insolvency (bankruptcy) "withdrawal of the debtor organization must contain information about statements of claim of the debtor organization filed its acceptance by Arbitration Court of an application for recognition of the debtor organization bankrupt of annulment (void) Act (the acts) of the federal body of executive power Act (the acts) body of the Executive power of the Russian Federation in part the approval of tariffs (prices) on the electrical and thermal energy gas, gas transportation, oil pumping, provided that such tariffs (prices) have led to the insolvency of the debtor organization. (As amended by the Federal law on Jul 18, 2005 N 88-FZ) in recall of the debtor organization must also be indebted consumers of its products (goods, services), which supply fuel and energy resources is not subject to restriction and/or termination in accordance with federal laws, other regulatory legal acts of the Russian Federation, indebted consumers of its products (goods, services), which are financed from the budgets of all levels, as well as consumer debt products (goods , services), delivery of the products (goods, services) which are carried out in accordance with the international treaties of the Russian Federation.
Article 10. Term of consideration of a bankruptcy case 1. The bankruptcy case is considered within the period stipulated in article 51 of the Federal law on Insolvency (bankruptcy) ", except as provided by paragraph 2 of this article. (As amended by the Federal law on Jul 18, 2005 N 88-FZ)
2. If the debtor prior to acceptance by arbitration court declarations of acceptance of the debtor-bankrupt organization filed a statement of claim in court, Arbitration Court for annulment (void) Act (the acts) of the federal body of executive power Act (the acts) body of the Executive power of the Russian Federation in part the approval of tariffs (prices) on the electrical and thermal energy, gas, gas transportation, oil pumping, consideration of the bankruptcy case shall be suspended until a decision is taken on the statement.
Article 11. The decision of the Arbitration Court on the refusal of recognition-organization debtor bankrupt decision of the Arbitration Court on the refusal of recognition-organization debtor bankrupt except in cases provided for in article 55 of the Federal law on Insolvency (bankruptcy) ", was adopted also in case of recognition by the Court of arbitration of the void (void) Act (the acts) of the federal body of executive power Act (the acts) body of the Executive power of the Russian Federation in part the approval of tariffs (prices) on the electrical and thermal energy gas, gas transportation, oil pumping, provided that such tariffs (prices) have led to the insolvency of the debtor organization. (As amended by the Federal law on Jul 18, 2005 N 88-FZ), chap. III. FEATURES BANKRUPTCY PROCEDURES that apply to debtor ORGANIZATIONS Article 12. The end of the Monitoring Solution to apply to the bankruptcy court for recognition of a bankrupt debtor organization and on the opening of bankruptcy proceedings is adopted by the first meeting of creditors in the case if at least three-fourths of votes from the total number of votes creditors established in accordance with paragraph 1 of article 12 of the Federal law on Insolvency (bankruptcy) ".

In addition to the cases provided for in article 75 of the Federal law on Insolvency (bankruptcy) ", the arbitral tribunal shall determine the introduction of external management in the case of a petition for the introduction of external management involved in the bankruptcy of the debtor organization managerial body of the fuel and energy complex, the Executive authority of the Russian Federation, local self-administration bodies at the location of the debtor organization. (As amended by the Federal law on Jul 18, 2005 N 88-FZ) Article 13. Features bankruptcy debtor organizations hived off in cases of bankruptcy of debtor organizations-core organizations apply the rules bankruptcy core organizations established by articles 169-176 of the Federal law on Insolvency (bankruptcy) ", with the characteristics stipulated by this federal law. (As amended by the Federal law on Jul 18, 2005 N 88-FZ) Article 14. The term external control 1. Out of band management is introduced for a period of not more than eighteen months which may be extended by the Court of arbitration at the request of an outside Manager, the management body of the fuel and energy complex, the Executive authority of the Russian Federation, local government organizations according to the location of the debtor, the creditors ' meeting for up to five years.
When extending the Arbitration Court term of up to five years of band management organization debtor proceeds to settlements with creditors through the twelve months of the date of prolongation of the out of band management.
2. In the case of insolvency of the debtor organization-cityformation organization of band management period may be extended in accordance with article 172 of the Federal law on Insolvency (bankruptcy) ". (As amended by the Federal law on Jul 18, 2005 N 88-FZ) Article 15. Features an outside Manager 1 nomination. The candidature of the external Manager represents the arbitral tribunal to control fuel and energy complex.
2. In the case of non-submission of the candidature of an outside Manager to the arbitral tribunal the management body of the fuel and energy complex of the appointment of an outside Manager is made in accordance with article 96 of the Federal law on Insolvency (bankruptcy) ". (As amended by the Federal law on Jul 18, 2005 N 88-FZ)
3. If no one candidate did not provide an outside Manager in the manner prescribed by paragraphs 1 and 2 of this article, the arbitral tribunal shall appoint an outside Manager from among the staff of the management body of the fuel and energy complex.
Article 16. The responsibility of the external Manager 1. In addition to the powers conferred by article 99 of the Federal law on Insolvency (bankruptcy) "insolvency administrator must within one month from the date of their appointment to develop, taking into account the proposals of the management body of the fuel and energy complex of the out of band management plan and submit it to the meeting of creditors for approval. (As amended by the Federal law on Jul 18, 2005 N 88-FZ)
2. The insolvency administrator is not entitled to repudiate the contract, supply contract by the debtor to the gas supply, gas transmission contract, petroleum and petroleum products, contract distribution, oil and petrochemicals, concluded with consumers, supply (supply) of fuel and energy resources that are not subject to restriction and/or termination in accordance with federal laws, other regulatory legal acts of the Russian Federation. The insolvency administrator may not also abandon gas deliveries, carried out in accordance with international treaties of the Russian Federation.
Article 17. Disposition of property of the debtor organization in the external management of the insolvency administrator has no right to alienate the property (assets) of the debtor organization forming part of a single supply of a technological complex.
Article 18. The invalidity of transactions of the debtor Organization deal on alienation of property (assets) of the debtor organization, made in breach of the requirements of article 17 hereof external managers or by the debtor after the commencement of a bankruptcy case and (or) during the six months preceding the filing of an application for recognition of the debtor organization bankruptcy may be declared invalid on the basis of the decision of the arbitral tribunal.
Article 19. Distinctions of application of the measures to restore the financial solvency of the debtor organization out of band management measures to restore the financial solvency of the debtor organization referred to in article 109 of the Federal law on Insolvency (bankruptcy) ", apply with the following features: (as amended by the Federal law on Jul 18, 2005 N 88-FZ) of sale referred to in article 17 hereof property (assets) of the debtor organization are not allowed;

assignment of the debtor Organization requirements can be carried out, including under a contract of supply, gas supply contract, contract of transport of gas, oil and oil products and the distribution of gas, oil and petroleum products, in part payment claims rights tempered consumers of electric power, thermal energy, gas, oil and petroleum products;
redevelopment or closing of proceedings relating to the functioning of a unified industrial-technological complex is not allowed;
other measures to restore the solvency of the debtor organization can apply if their application is not contrary to the conditions of safe operation of unified production-technological complex.
Article 20. Sale of the assets of the debtor organization during the bankruptcy proceedings, the sale of the assets of the debtor organization that is part of a single supply of a technological complex, is carried out only by bidding in the form of a contest. The property is put up for auction as a single lot.
Prerequisites for participation in the competition are: acceptance of the buyer to assume the obligations of the debtor under the contract of supply, gas supply, gas, petroleum and petroleum products, the distribution of gas, oil and petroleum products;
maintaining a single, industrial-technological complex, in accordance with its purpose;
the existence of a license for carrying out the corresponding activity envisaged by the Federal law "about licensing separate kinds of activity".
CHAPTER IV. FINAL PROVISIONS Article 21. Regulation of relations connected with bankruptcy 1. This federal law shall enter into force on the day of its official publication.
2. this federal law applies by arbitral tribunals in cases of bankruptcy, regardless of when the Court of arbitration was made a declaration of acceptance of the debtor-bankrupt organization.
If a declaration of acceptance of the debtor-bankrupt organization accepted by the Arbitration Court before the entry into force of this federal law and the debtor no set article 2 hereof signs bankruptcy case shall be subject to termination.
3. invite the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 24, 1999 122-FZ