RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
of July 30, 2013 No. 60
About entering of amendments into the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 30.04.2009 No. 32 "About some questions connected with contest of transactions on the bases provided by the Federal Law "About Insolvency (Bankruptcy)"
Due to the questions Plenum of the Supreme Arbitration Court of the Russian Federation arising in court practice, being guided by article 13 of the Federal constitutional Law of 28.04.1995 No. 1-FKZ "About Arbitration Courts in the Russian Federation", decides to bring in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 30.04.2009 No. 32 "About some questions connected with contest of transactions on the bases provided by the Federal Law "About Insolvency (Bankruptcy)" the following amendments:
1. Add Item 10 with the new offer: "Limitation period according to such requirement owing to Item 1 of article 181 Civil Code of the Russian Federation makes three years and is estimated from the date of when person disputing the transaction learned or owed learn about availability of the circumstances which are the basis for recognition of the transaction invalid, but not earlier than introduction concerning the debtor of the first insolvency proceeding.".
2. Add with new Item 15.1 of the following content:
"By consideration of the requirement about recognition of the transaction of Article 103 of the Bankrupcy law, invalid based on Item 2, courts need to mean: if other party of the transaction proves that causing losses to creditors or the debtor was not the purpose of the transaction or that at the time of transaction she did not know and shall not know about such purpose of the transaction, then in sense of Item 2 of article 103 of the Law the transaction cannot be acknowledged as court of invalid.
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