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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 1, 2022 No. 4-P

On the case of check of constitutionality of paragraph two of Item 1 of article 134 of the Federal law "About Insolvency (Bankruptcy)" in connection with the claim of T Plus public joint stock company

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, V. G. Yaroslavtsev,

being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of paragraph two of Item 1 of article 134 of the Federal law "About Insolvency (Bankruptcy)".

Reason for consideration of the case was the claim of T Plus public joint stock company. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker L. M. Zharkova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the paragraph to the second Item 1 of the article 134 "Priority of Satisfaction of Requirements of Creditors" of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further also - the Bankrupcy law) if the termination of organization activity of the debtor or its structural divisions can entail technogenic and (or) environmental disasters or death of people, out of turn mainly before any other requirements of creditors for the current payments also settles expenses on holding actions for non-admission of emergence of the specified effects.

1.1. Constitutionality of this regulation disputes the T Plus public joint stock company (further - PJSC T Plus) which is the heatsupplying organization and concluded on March 22, 2017 with the consumer - Intaugol joint-stock company (further - JSC Intaugol) the agreement of heat supply and supply of hot water. Under the terms of the agreement the heatsupplying organization shall give to the consumer through the attached network heat energy (capacity) and the heat carrier (hot water for needs of heat supply), and the consumer - to accept and pay the delivered energy resources, and also to observe the mode of their consumption provided by the agreement.

JSC Intaugol performed operation of the Intinskaya mine relating to hazardous production facilities of the I class of danger. Based on the specified agreement heat supply of calorifer installation and lifting devices of the mine was made, in particular. And according to Item 96 of the Rules of the organization of heat supply in the Russian Federation approved by the Order of the Government of the Russian Federation of August 8, 2012 No. 808, objects of ventilation and the main lifting devices of the coal and mining organizations belong to the socially important categories of consumers (objects of consumers). The decision of Arbitration Court of the Komi Republic of June 14, 2019 JSC Intaugol is recognized as insolvent (bankrupt), concerning it bankruptcy proceedings on the simplified insolvency proceeding of the liquidated debtor are opened. Due to the debt of JSC Intaugol for the delivered energy resources to PJSC T Plus the last applied on March 3, 2020 to the first partial restriction of the mode of consumption of the heat carrier. Payment orders of March 4, 2020 and of March 25, 2020 JSC Intaugol made payment of PJSC T Plus of the consumed heat power for October, November and December, 2019, January, 2020 in the total amount of 8 112 101 rub of 73 kopeks in priority procedure before requirements of other creditors for the current payments, being guided by the paragraph the second Item 1 of Article 134 of the Bankrupcy law. The possibility of approach of emergency situation of technogenic nature contacted, in particular, high probability of such negative effects of the termination of heat supply as exit to the surface of air-methane mixture and destruction of superficial complex of the mine, pollution of water intake of the city of Inta mine waters (the letter of December 20, 2019 sent by Research institution of mine-rescue case in response to request of JSC Intaugol).

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