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Decision of the Supreme Court of the Russian Federation No. 302-ЕС23-10298 (2) dated 24.10.2024.
The subject of appeal to be considered by the Judicial Collegium for Economic Disputes of the Supreme Court (decision of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation No. 302-ES23-10298 (2) dated 24.10.2024) was the question concerning the right of the court which considers the bankruptcy case to determine the mode of the bankrupt debtor`s property that had previously been seized in the course of criminal proceedings to ensure the execution of a civil claim for compensation of the property damage caused by the crime.
The courts of three instances refused, having considered that, due to the universal-obligatoriness of the verdict, they have no right to exclude the seized property from the bankruptcy estate.
The Supreme Court cancelled these judicial acts, having specified that the enforcement of judicial acts on property claims for bankruptcy, including claims for damages from a crime, is carried out in a bankruptcy case.
At the same time, the Supreme Court specified that in the conditions of the debtor's assets deficiency, the bankruptcy institution is designed to ensure a balance of the rights and legitimate interests of the debtor, their creditors and other persons participating in the bankruptcy case. The main purpose of the bankruptcy proceedings is the proportionate satisfaction of creditors' claims, excluding the unreasonable priority of interests.
Neither the Criminal Code of the Russian Federation nor the Bankruptcy Law differentiate creditors' claims depending on the nature and the degree of public danger of an offense that has caused property damage.
Thus, the Supreme Court initiated the resolution of the issue that in the competition between the provisions of the criminal law and civil law (insolvency (bankruptcy) law), claims from criminal proceedings do not take precedence over claims considered and settled in the order of civil proceedings.
A civil lawsuit in a criminal case does not give the creditor any priority and the right to satisfy their claims outside the bankruptcy procedure.
The Supreme Court cancelled these judicial acts, having specified that the enforcement of judicial acts on property claims for bankruptcy, including claims for damages from a crime, is carried out in a bankruptcy case.
At the same time, the Supreme Court specified that in the conditions of the debtor's assets deficiency, the bankruptcy institution is designed to ensure a balance of the rights and legitimate interests of the debtor, their creditors and other persons participating in the bankruptcy case. The main purpose of the bankruptcy proceedings is the proportionate satisfaction of creditors' claims, excluding the unreasonable priority of interests.
Neither the Criminal Code of the Russian Federation nor the Bankruptcy Law differentiate creditors' claims depending on the nature and the degree of public danger of an offense that has caused property damage.
Thus, the Supreme Court initiated the resolution of the issue that in the competition between the provisions of the criminal law and civil law (insolvency (bankruptcy) law), claims from criminal proceedings do not take precedence over claims considered and settled in the order of civil proceedings.
A civil lawsuit in a criminal case does not give the creditor any priority and the right to satisfy their claims outside the bankruptcy procedure.
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