Review of court practice on bankruptcy in 2022

The approved review by the Presidium of the Supreme Court of the Russian Federation reflects 37 positions on various issues based on the decisions of the Economic Disputes Collegium for the year 2022.
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Administrative exclusion company from the state en konsu outsour

The exclusion of a company from the Unified State Register of Legal Entities in an administrative manner is not a ground for bringing the company's head to liability due to the company's outstanding debts to the creditor

The Supreme Court, in its ruling dated January 30, 2023, indicated that the exclusion of a company from the Unified State Register of Legal Entities in an administrative manner is not a ground for holding the company's head liable due to the company's outstanding debts to the creditor.Read more

Expansion of the prosecutor's powers in the arbitration process

From October 18, 2022, amendments to the Commercial Procedural Code of the Russian Federation will come into force, according to which the powers of the prosecutor in the arbitration process will be expanded. [1] Read more

Bankruptcy moratorium: special aspects and effect for debtors and creditors

By Resolution of the Government of the Russian Federation dated March 28, 2022, a moratorium was introduced on the initiation of bankruptcy cases. In this article, we will consider special aspects of the imposed moratorium and its effect for debtors and creditors.

Currently, a moratorium on bankruptcy has been established for all categories of legal entities and individual entrepreneurs, with the exception of:

  • Developers of apartment buildings included in the register of problematic facilities;
  • Individual debtors included in the list approved by the Government of the Russian Federation and their affiliates.

The following special rules apply to all other persons affected by the bankruptcy moratorium:

  1. Applications for declaring the debtor bankrupt filed to a commercial court during the period of the moratorium, as well as applications on which no judgements have yet been passed, must be returned by the court to the applicant without consideration.
    A similar fate awaits creditors’ notices of their intention to file bankruptcy applications against the debtor to the court - these applications are not subject to publication in the EFRSB (Unified Federal Register of Bankruptcy Information) until the bankruptcy moratorium is lifted.
    In this case, debtors themselves are not deprived of the right to file an application to the court for their own bankruptcy. However, the debtors are released from the obligation to file an application for their own bankruptcy.
  2. A ban is imposed on the allocation of a share (equity stake) of the founder (participant) in the company's property in connection with his/her/its withdrawal from the company, as well as on redemption by the company itself of its shares or payment by it of the actual value of the share (equity stake).
  3. A ban is imposed on termination of obligations by offsetting homogeneous counter claims if the priority for performance of obligations is violated.
  4. Companies are prohibited to pay dividends, as well as to distribute profits between founders (participants). At the same time, the Bank of Russia points out that business entities are not limited in their right to make decisions on payment of dividends during the moratorium period. However, it will be possible to make payments in accordance with the decision only after the lifting of the moratorium.
  5. Default charges (fines, penalties) and other financial sanctions are not accrued for failure to perform or improper performance of monetary obligations, or for failure to make mandatory payments, with the exception of current payments.
  6. Pledged property may not be recovered.
  7. All enforcement proceedings in respect of the debtor are suspended. The Ministry of Justice of the Russian Federation has made a clarification that suspension of enforcement proceedings is possible only in respect of the legal entities and individual entrepreneurs who filed bankruptcy applications or against whom bankruptcy applications were filed, including those filed before 01.04.2022, the issue of which acceptance was not resolved by the date of introducing the moratorium. Enforcement proceedings are not suspended in respect of any other legal entities; recoveries are ongoing in the usual way.

For all legal entities and individual entrepreneurs who are not willing to apply the bankruptcy moratorium against themselves, the right to refuse from the moratorium is established by law. The debtor's application about the decision made published on the EFRSB website serves as such refusal. From the date of its publication, the rules and restrictions listed above cease to apply to this company.

October 01, 2022 is set as the moratorium deadline which, however, can be extended by decision of the Government of the Russian Federation.

Negative net assets consequences for companies en konsu outsour

Negative net assets. Consequences for companies

If a company is unprofitable for several years, it might end up with negative net assets. We describe below the possible consequences of negative net assets.
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Transfer pricing benefits for sme labor costs en konsu outsourci

Transfer pricing, Benefits for SME, Labor Costs Optimization & Risks of Terminating Business in Russia


Date and time

June 9, 2022, from 15:00 to 16:30






MS Teams

Speakers and topics

Olga Mazina

Director of Tax and Legal Consulting Department

Actual issues of transfer pricing for foreign companies

  • Legislative norms 2021-2022, latest changes
  • Reporting of international groups of companies
  • Eliminate transfer pricing risks
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Konsu - Evgeny Sumin

Evgeniy Sumin

Deputy Director of Financial Consulting and Audit Department

Small and medium-sized business entity status for companies with foreign participation

  • Procedure for inclusion in the register of SMEs, practical aspects
  • Benefits and preferences for SMEs in 2022
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Konsu - Анна Резникова

Anna Reznikova

Head of Labor and Migration Law Practice

Options to reduce financial costs for staff in the current economic situation

  • Change of work schedule
  • Increasing labor productivity
  • Staff optimization
  • Grant of leave
  • Reducing other expenses
  • Savings on fines
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Konsu - Valentin Orlov - Senior lawyer

Valentin Orlov

Senior lawyer

Risks arising for company and its management in case of terminating business in Russia

  • Violation of public obligations
  • Violation of obligations to contractors and employees of organization
  • Subsidiary liability of controlling persons for organization debts
  • Risk mitigation options for foreign management of companies in Russia
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Challenging several debtor transactions bankruptcy en konsu outs

Challenging several debtor transactions in bankruptcy cases and treat them as a single related transaction

The Russian Ministry of Economic Development has put forward a bill amending Federal Law No. 127-FZ dated October 26, 2002 On Insolvency (Bankruptcy) (further the “the Bankruptcy Law”) by adding Article 61.3-1 expressly specifying that it would be possible to challenge several transactions (a set of consecutive fictitious or sham transactions) completed to withdraw debtors’ assets in bankruptcy cases (Bill published on more

Overview sanctions and other restrictions well en konsu outsourc (2)

Overview of Sanctions and Other Restrictions, as well as Legislative Easements and Measures of State Support for Business in Russia

In 2022, the conditions for doing business in Russia have changed significantly. A multitude of sanctions, restrictions, relaxations, and measures of state support are being implemented. The lawyers and tax consultants at Konsu have prepared an overview of the main changes. We constantly monitor the situation and add information about the changes as the relevant documents are adopted and come into force.
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