of July 9, 2019 No. 872
About measures for implementation of articles 135 and 189.94 of the Federal law "About Insolvency (Bankruptcy)"
According to articles 135 and 189.94 of the Federal law "About Insolvency (Bankruptcy)" Government of the Russian Federation decides:
1. Determine that the Social Insurance Fund of the Russian Federation performs functions on payment of the capitalized time payments for requirements of citizens before which the debtor (credit institution) bears responsibility for damnification of life or to health, at the expense of means of the federal budget in case of transition of obligations of the debtor (credit institution) to the citizen on payment of the capitalized time payments to the Russian Federation.
2. Approve enclosed:
3. To the Ministry of Economic Development of the Russian Federation in 4-month time to develop and approve in coordination with the Ministry of Finance of the Russian Federation and Social Insurance Fund of the Russian Federation:
form of the notification on availability at the citizen of the right to agree to transition to the Russian Federation of right to claim against the debtor in the amount of the capitalized time payments;
the application form in Social Insurance Fund of the Russian Federation about purpose of payment of the capitalized time payments;
report form (summary report) on execution of payment commitments of the Russian Federation on payment of the capitalized time payments for requirements of citizens before which the debtor (credit institution) bears responsibility for damnification of life or to health, in case of transition of obligations of the debtor (credit institution) to the citizen on payment of the capitalized time payments to the Russian Federation.
4. To make to the Ministry of Economic Development of the Russian Federation with participation of the interested federal executive bodies in accordance with the established procedure explanations about the right of the citizen to agree to transition to the Russian Federation of the right to claim against the debtor in the amount of the capitalized time payments according to Item 3 of Article 135 or Item 10 of article 189.94 of the Federal law "About Insolvency (Bankruptcy)" and on effects of such consent in the form of transition of obligation on payment of the capitalized time payments to the Russian Federation.
5. This resolution becomes effective since January 1, 2020, except for Item 3, becoming effective after 7 days from the date of official publication of this resolution.
Russian Prime Minister
D. Medvedev
Approved by the Order of the Government of the Russian Federation of July 9, 2019 No. 872
1. These rules determine procedure and conditions of capitalization of time payments on requirements of citizens before which the debtor bears responsibility for damnification of life or to health, established on acceptance date by Arbitration Court of the decision on recognition of the debtor by the bankrupt and about opening of bankruptcy proceedings (for the debtor - credit institution on the date of response at credit institution of license for banking operations) and 70 years which are subject to payment to citizens before achievement of age by them, but at least in 10 years.
2. The receiver not later than in 15 working days from the date of the approval by Arbitration Court, and in case of absence at it the necessary for calculation of the amount capitalized time payments of documents - no later than 15 working days from the date of their receipt perfroms calculation of the amount of the capitalized time payments and sends it to the citizen and to the Arbitration Court considering case on bankruptcy.
3. Along with the direction of calculation of the amount of the capitalized time payments the receiver sends to the citizen the notification on availability of the right at it to agree to transition to the Russian Federation of the right to claim against the debtor in the amount of the capitalized time payments according to Item 3 of Article 135 or Item 10 of article 189.94 of the Federal law "About Insolvency (Bankruptcy)" and on effects of such consent in the form of transition of obligation on payment of the capitalized time payments to the Russian Federation.
4. The notification shall contain information:
a) that the citizen can use the specified right to stages of consideration of its requirement about inclusion of the capitalized time payments in the register of requirements of creditors of the debtor or if such requirement is already included in the register of requirements of creditors, before completion of bankruptcy proceedings at any time;
b) that in case of insufficiency of money of the debtor for satisfaction of requirements of the citizen such requirements will not be met in full and will be acknowledged extinguished as a result of liquidation of the debtor (in cases when by the citizen it is not agreed to transition to the Russian Federation of the right to claim against the debtor);
c) that in case of transition to the Russian Federation rights to claim against the debtor of payment of the capitalized time payments will be made by monthly payments Social Insurance Fund of the Russian Federation;
d) about the Arbitration Court considering case on bankruptcy of the debtor.
5. To transition to the Russian Federation of the right to claim against the debtor in the amount of the capitalized time payments it is agreed by the citizen after opening of bankruptcy proceedings in the application form to the Arbitration Court considering case on bankruptcy with application of copies of the documents certifying such right to claim.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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