On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 3, 2022 No. 5-P

On the case of check of constitutionality of provisions of Item 1 of Article 61.2 and Item 11 of article 189.40 of the Federal law "About Insolvency (Bankruptcy)" in connection with the claim of the citizen S. V. Kuzmin

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 provisions of Item 1 of Article 61.2 and Item 11 of article 189.40 of the Federal law "About Insolvency (Bankruptcy)".

Reason for consideration of the case was the claim of the citizen S. V. Kuzmin. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

Having heard the message of the judge-speaker V. G. Yaroslavtsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 1 of article 61.2 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" the transaction made by the debtor within one year before adoption of the statement for recognition by the bankrupt or after adoption of the specified statement can be acknowledged as Arbitration Court invalid in case of unequal counter obligation fulfillment of the transaction by other party including if the price of this transaction and (or) other conditions significantly in the worst party for the debtor differ from the price and (or) other conditions under which in comparable circumstances similar transactions (the suspicious transaction) are made; unequal counter obligation fulfillment any cession of property or other obligation fulfillment will be recognized, in particular, if market value of the property given by the debtor or other obligation fulfillment performed by it significantly exceeds the cost of the received counter obligation fulfillment determined taking into account conditions and circumstances of such counter obligation fulfillment (paragraph one).

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