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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Takes effect from July 1, 2009 -Federal Law , 26.10.2002 N 127-F) RUSSIAN FEDERATION FEDERAL LAW On the insolvency (bankruptcy) of natural monopolies Complex Adopted by the State Duma on June 4, 1999 Approved by the Federation Council on 9 June 1999 (In the wording of federal laws by 18.07.2005 N 88-FZ; of 08.11.2007 N 258-FZ) CHAPTER I. GENERAL PROVISIONS Article 1. The relationships governed by this Federal Law 1. According to the Federal Law " bankruptcy)" this Federal Act sets forth the peculiarities of the insolvent (bankrupt) subjects of natural persons Fuel and energy sector monopolies, the main activities of which are carried out in the transportation of oil and oil products via main pipelines, transport of gas through pipelines, electric and heat transfer services of Energy (hereafter referred to as the debtor organization) and the procedures for their bankruptcy. 2. This Federal Law is also applied in recognition of insolvent (bankrupt) and bankruptcy procedures of the fuel and energy complex organizations whose main activity is related to the production of electric, thermal power Energy, natural gas production and which are entitled to property or other property assigned to a list of items belonging to a single production and technological complex in accordance with Article 3, paragraph 2 of this Federal Law. For the purposes of this Federal Law, the main activities of the organizations referred to in paragraph 1 of this article and this paragraph are activities in which the proceeds of sale amount to at least 70 Percentage of total sales revenue. 3. They are not declared insolvent (bankrupt) and are not subject to bankruptcy procedures for nuclear power plants. 4. The relationship of the insolvency (bankruptcy) of the debtor organizations referred to in paragraphs 1 and 2 of this article and not resolved by this Federal Law shall be governed by the Federal Law. " bankruptcy". Article 2. Signs of bankruptcy The debtor is presumed to be unable to satisfy Claims by creditors and (or) to fulfil the obligation to pay the mandatory payments, if the obligation and/or obligation are not performed by the debtor organization within six months of the date their performance and amounts of accounts payable exceeded the book value of the property of the debtor organization, including the right of claim. Article 3. Obligation of the head of the debtor organization to apply to the arbitral tribunal with a statement of the debtor 1. In addition to the cases specified in article 9 of the Federal Act (bankruptcy) ", the head of the debtor organization is required to comply with the requirements of article 6 of this Federal Act. The arbitral tribunal with a declaration of the debtor in the event that, on the basis of a decision of the court, the recovery of the property belonging to the single production and technological complex as defined in paragraph 2 of this Article shall be made within ten days from time of receipt by the debtor organization of the decision Recovery of such property. (In the wording of Federal Law No. N 88-FZ) 2. The single production and technological complex of the debtor organization consists of immovable and other property used for the main production activity of the debtor organization and ensuring a continuous production process consumers of fuel and energy resources (hereinafter referred to as the single production and technological complex). The list of the items of the equipment included in the said single production and technological complex is established in accordance with the procedure established by the Government of the Russian Federation. Article 4. Arbitration managers The Arbitration Board may designate an individual who has experience in the relevant fuel and energy complex organizations referred to in article 1, paragraphs 1 and 2, of this Federal Act. The Arbitration Manager acts on the basis of a certificate issued by the authorized Government of the Russian Federation by the Federal Executive in the field of fuel and energy complex (hereinafter referred to as the administration) Fuel and energy complex). (In the wording of Federal Law of 08.11.2007) N 258-FZ) Article 5. State bodies that provide prevention of bankruptcy of natural fuel and energy complex monopolies Preventing the bankruptcy of natural monopoly entities The fuel and energy complex, as well as the enforcement of bankruptcy procedures in accordance with this Federal Law, is carried out by the State bankruptcy and financial health authority together with the authority Fuel and energy management. Chapter II. DIVISION ON THE BANK OF THE ARBITRATION VESSEL Article 6. Bankruptcy Case The bankruptcy court will accept the bankruptcy of the debtor Organization if the requirements of the debtor organization together make up at least fifty thousand minimum payment rates The work and the requirements are not extinguished within six months. The creditor's application for recognition of the debtor's organization must be accompanied by a court decision confirming the validity of the creditor's claims, proof of recognition of the claims by the debtor, documents with by the notary's executive sign. Article 7. Bankruptcy persons Persons participating in the bankruptcy case of the debtor organization, along with the persons specified in article 34 of the Federal Law " About insolvency (bankruptcy)"is recognized: (In the federal law August 18.07.2005 N 88-FZ) fuel-energy complex control; executive authority of the constituent entity of the Russian Federation, local self-government body at the location of the debtor organization Article 8. Refusal to accept a declaration of acceptance of the debtor organization The judge of the arbitral tribunal shall refuse to accept the declaration of recognition of the debtor organization if any of the conditions provided for by the debtor are violated at least Article 6 of this Federal Law. Article 9. { \cs6\f1\cf6\lang1024 } debtor { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } Bankruptcy { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } bankruptcy", the withdrawal of the debtor organization should contain particulars of the debtor's claims before the debtor. Adoption by the arbitral tribunal of a declaration on the recognition of the debtor organization by bankrupt, that an act (acts) of the federal executive, an act (acts) of the executive branch of the entity of the Russian Federation are invalid (not valid) THE RUSSIAN FEDERATION thermal energy, gas, transportation of gas, pumping of oil, provided that such tariffs (prices) have caused the insolvency of the debtor organization. (In the wording of Federal Law No. N 88-FZ) The revocation of the debtor's organization should also include the debts of consumers of its products (goods, services) whose fuel and energy resources are not subject to restriction and (or) termination in accordance with federal laws, other regulatory legal acts of the Russian Federation, the debt of consumers of its products (goods, services), which are financed from the budgets of all levels, as well as the debt of consumers of its products (goods, services), supply of goods (goods, services) to be delivered in of the Russian Federation. Article 10. bankruptcy case 1. The bankruptcy case is considered within the time limit set by Article 51 of the Federal Law "bankruptcy (bankruptcy)" except as provided for in paragraph 2 of this article. (In the wording of Federal Law No. N 88-FZ) 2. In the event that the debtor organization before the arbitral tribunal issued an application for recognition of the debtor's organization by bankruptcy, the arbitral tribunal made an enforceable (invalid) act (s) null and void The executive branch of the Russian Federation, in terms of the approval of tariffs (prices) for electric and thermal energy, gas, transportation of gas, the transfer of oil and the bankruptcy case is suspended pending a decision on the specified application. Article 11. Decision of the arbitral tribunal to refuse in the recognition of the debtor organization bankrupt The decision of the arbitral tribunal to refuse recognition of the debtor organization is bankrupt other than those provided for by Article 55 The Federal Law " bankruptcy (bankruptcy)" is also adopted in the event that an arbitral tribunal has been declared null and void by the arbitral tribunal (s) of the act (s) of the Federal Act Executive authority, act (acts) of the executive authority of the constituent entity of the Russian Federation in terms of the approval of tariffs (prices) for electric and thermal energy, gas, transportation of gas, pumping of oil, provided that such tariffs (prices) were the reason for the insolvency of the debtor organization. (In the wording of Federal Law No. N 88-FZ) CHAPTER III. THE BANK OF BANKING PROCEDURES (BANK) OF THE BANK OF THE BANK OF THE BANK OF THE BANK PROCEDURES (Article 12). End of observation The decision to apply to the arbitral tribunal for recognition of the debtor's organization and the commencement of the insolvency proceedings is considered to be the first meeting of creditors in the event that it is not less than three quarters of the total number of votes of creditors established under article 12, paragraph 1, of the Federal Act " bankruptcy". In addition to the cases provided for by Article 75 of the Federal Law" (bankruptcy) ", the arbitral tribunal rules on the introduction of external management in the case of an application for the introduction of an external insolvency representative. The administration of the debtor in the case concerning the bankruptcy of the administration of the fuel and energy complex, the executive authority of the constituent entity of the Russian Federation, the local self-government body at the place where the debtor organization is located. (In the wording of Federal Law No. N 88-FZ) Article 13. The bankruptcy of the pre-forming debtor organizations Articles 169 to 176 of the Federal Law on Insolvency (Bankruptcy), with the features provided for in this Federal Act. by law. (In the wording of Federal Law No. N 88-FZ) Article 14. The external control period 1. External management is imposed for a period of not more than eighteen months, which may be extended by the arbitral tribunal on the basis of an application by an external manager, a fuel and energy complex control body, an entity's executive authority OF THE PRESIDENT OF THE RUSSIAN FEDERATION When an arbitral tribunal is extended by an arbitral tribunal for an external period of up to five years, the debtor organization shall enter into accounts with creditors in twelve months from the date of the extension of the external administration. 2. In the case of the insolvency of the debtor organization, the period of external administration may be extended in accordance with the procedure established by Article 172 of the Federal Law " About insolvency (bankruptcy). (In the revision of the Federal Law by 18.07.2005 N 88-FZ) Article 15. { \field } { \field { \field { \field { \field { \field The external manager shall submit to the arbitral tribunal the fuel and energy management body. 2. In the case of non-submission of the external manager to the arbitral tribunal, the external manager of the fuel and energy complex shall be appointed in accordance with the procedure established by Article 96 of the Federal of the law " bankruptcy (bankruptcy). (In the wording of Federal Law August 18.07.2005 N 88-FZ) 3. In the event that no external manager has been nominated in accordance with paragraphs 1 and 2 of this article, the arbitral tribunal shall appoint an external manager from among the staff of the fuel and energy management body. Article 16. External control 1. In addition to the powers provided for in Article 99 of the Federal Law "On insolvency (bankruptcy)", the external manager is required within one month of its appointment, develop a plan for external management, taking into account the proposals of the fuel and energy management body, and submit it to the creditors ' meeting for approval. (In the wording of Federal Law No. N 88-FZ) 2. The external manager is not entitled to refuse the execution of the contract of power supply, the contract of gas supply, the contract for transportation of gas, oil and petroleum products, the contract for the distribution of gas, oil and petroleum products, concluded with consumers, supply (or supply) of fuel and energy resources are not subject to restriction and (or) termination in accordance with federal laws and other regulatory legal acts of the Russian Federation. The external manager is also not entitled to refuse gas supplies in accordance with the international agreements of the Russian Federation. Article 17. An order by the property of the debtor organization in external administration The external manager is not entitled to dispose of the property (part of the property) of the debtor organization that is part of a single production and technological complex. Article 18. Invalidity of the transactions of the debtor organization The transaction for the disposition of the property (part of the property) of the debtor organization, in violation of the requirements of article 17 of this Federal Act by an external debtor or organization After filing a bankruptcy case and (or) in the six months preceding the application for recognition of the debtor organization, the bankruptcy may be declared null and void by a decision of the arbitral tribunal. Article 19. { \cs6\f1\cf6\lang1024 } debtor Organization { \cs6\f1\cf6\lang1024 } { \na } { \na } { \na } { \na } { \na } { \na } Considerations 109 Federal Act insolvency (bankruptcy)", applies the following features: (In the wording of Federal Law August 18.07.2005 N 88-FZ) The sale of the property referred to in article 17 of this Federal Act is not permitted; Assignment of the rights of the debtor organization may be made in that the power supply contract, the contract for gas supplies, the contract for transportation of gas, oil and oil products, and the distribution of gas, oil and oil products, in terms of the rights of payment requirements for electric energy consumers released to consumers. Energy, gas, oil and petroleum products; { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } if their application does not conflict with the conditions for the safe operation of a single production and technological complex. Article 20. Sale of the property of the debtor organization , in the course of the insolvency proceedings Sale of the property of the debtor organization, which is part of a single production and technological complex, is carried out only by holding in the form of a tender. This property is put on sale by a single lot. The requirement for participation in the competition is: consent of the buyer to accept the obligations of the debtor organization under the energy contract, the contract for gas supply, the contract for the transportation of gas, oil, and petroleum products, contracts for the distribution of gas, oil and petroleum products; ensuring the maintenance of a single production and technological complex according to its purpose; existence of a licence for implementation of the relevant activity provided for by the Federal Act " About licensing of individual activities". CHAPTER IV. FINAL PROVISIONS Article 21. { \cs6\f1\cf6\lang1024 } Managing { \cs6\f1\cf6\lang1024 } { \b } } This law shall enter into force on the date of its official publication. 2. This Federal Law is applied by arbitral tribunals in cases of bankruptcy, regardless of when the arbitral tribunal issued a declaration recognizing the debtor organization bankrupt. In the event that the declaration of recognition of the debtor organization is accepted by the arbitral tribunal prior to the entry into force of this Federal Act and the debtor organization does not have Article 2 of this Federal Act signs of bankruptcy, the case is to be terminated. 3. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 24 June 1999 N 122-FZ