ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 29, 2004 No. 257

About ensuring interests of the Russian Federation as creditor in the case of bankruptcy and in the procedures applied in the case of bankruptcy

The government of the Russian Federation decides:

1. Determine that until transformation to the Federal Tax Service by authorized body on representation in cases on bankruptcy and in insolvency proceedings of requirements about payment of obligatory payments and requirements of the Russian Federation on monetary commitments the Ministry of Taxes and Tax Collection of the Russian Federation is (further - authorized body).

2. Determine that the Federal Tax Service is the federal executive body authorized on representation in the case of bankruptcy and in the procedures applied in the case of bankruptcy, requirements about payment of obligatory payments and requirements of the Russian Federation for monetary commitments (including on payment of the capitalized payments).

3. Approve Regulations on procedure for presentation of requirements for obligations to the Russian Federation in the case of bankruptcy and in the procedures applied in the case of bankruptcy it (is applied).

4. To the Ministry of economic development and trade of the Russian Federation in 2-month time to develop and approve the regulatory legal acts necessary for implementation of this resolution in coordination with the Ministry of Finance of the Russian Federation.

Before approval by the Ministry of Economic Development and Trade of the Russian Federation of the specified regulatory legal acts:

the decision on vote on creditor meeting is drawn up by the order of authorized body or its territorial authority which shall contain reasons for this decision;

the decision on filing of application on recognition by the bankrupt of the debtor included in the list of the strategic companies and organizations is accepted by authorized body.

5. To the Ministry of Taxes and Tax Collection of the Russian Federation and liquidation commission of the Federal Service of Russia for financial improvement and bankruptcy to take measures for ensuring procedural legal succession for cases on bankruptcy which participant is the Federal Service of Russia on financial improvement and bankruptcy.

6. For office use.

7. Permit the Ministry of Taxes and Tax Collection of the Russian Federation within established by the Government of the Russian Federation of number and salary fund of workers to have as a part of central office along with other divisions of 20 departments on the main activities.

8. Recognize invalid:

paragraph two of Item 1 of the order of the Government of the Russian Federation of February 14, 2003 N100 "About Authorized Body in Cases on Bankruptcy and in Insolvency Proceedings and the Regulating Authority Exercising Control of Self-regulatory Organizations of Arbitration Managers" (The Russian Federation Code, 2003, N 7, the Art. 659);

the order of the Government of the Russian Federation of April 15, 2003 N218 "About Procedure for Presentation of Requirements for Obligations to the Russian Federation in Cases on Bankruptcy and in Insolvency Proceedings" (The Russian Federation Code, 2003, N 16, the Art. 1532);

the order of the Government of the Russian Federation of November 14, 2003 N688 "About the Interdepartmental Commission on Determination of Feasibility of Filing of Applications about Recognition of Debtors by Bankrupts" (The Russian Federation Code, 2003, N 47, the Art. 4541);

the order of the Government of the Russian Federation of November 14, 2003 N1659-r (The Russian Federation Code, 2003, N 47, the Art. 4557).

Approved by the Order of the Government of the Russian Federation of May 29, 2004 No. 257

Regulations on procedure for presentation of requirements for obligations to the Russian Federation in the case of bankruptcy and in the procedures applied in the case of bankruptcy

1. This Provision determining procedure for presentation and combination of requirements for payment of obligatory payments in budgets of all levels and also in state non-budgetary funds and requirements for monetary commitments in front of the Russian Federation in the case of bankruptcy and in the procedures applied in the case of bankruptcy is developed for the purpose of providing:

a) giving by the federal executive body authorized on representation in the case of bankruptcy and in the procedures applied in the case of bankruptcy, requirements about payment of obligatory payments and requirements of the Russian Federation for monetary commitments, including for payment of the capitalized payments (further - authorized body), statements for recognition of the debtor by the bankrupt;

b) associations and submissions of requirements about payment of obligatory payments and requirements of the Russian Federation for monetary commitments (further - requirements of the Russian Federation);

c) coordination of activities of representatives of federal executive bodies and state non-budgetary funds in the case of bankruptcy and in the procedures applied in the case of bankruptcy;

d) accounting of opinion of executive bodies of subjects of the Russian Federation and local government bodies in case of determination of line item of federal executive bodies as creditors on obligatory payments during the procedures applied in the case of bankruptcy.

Procedure for consolidation and submission of requirements of the Russian Federation in case of filing of application about recognition of the debtor by the bankrupt

2. In case of non-execution by the debtor of requirements of the Russian Federation in the amount of, sufficient for initiation of proceeedings about bankruptcy according to the Federal Law "About Insolvency (Bankruptcy)", authorized body not earlier than in 30 days from decision date about tax collection, collection, insurance premiums for the account of money on accounts of the taxpayer, but not later than in 90 days from the date of the direction to the judicial police officer-contractor of the resolution of tax authority on tax collection, collection, insurance premiums for the account of property of the debtor or the relevant executive document, or within 30 days from the date of receipt of notifications of the federal executive bodies acting as creditors according to monetary commitments (their territorial authorities) or about debt on monetary commitments to the Russian Federation (with appendix of the copies of the documents specified in Items 7 and 8 of this provision certified in accordance with the established procedure) makes the decision on the direction in Arbitration Court of the statement for recognition of the debtor by the bankrupt on availability of debt on obligatory payments.

The statement for recognition of the debtor by the bankrupt and the certificate of debt on obligatory payments shall be sent to Arbitration Court within 5 working days from the date of decision making about its direction.

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