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Legal position of Tenzor Consulting | Public-law claims in insolvency proceedings | Constitutional Court of the Russian Federation

Legal position of Tenzor Consulting | Public-law claims in insolvency proceedings | Constitutional Court of the Russian Federation

The Constitutional Court of the Russian Federation has published Resolution No. 46-P, eliminating a systemic conflict between insolvency legislation and criminal procedural law.

Tenzor Consulting has issued an official legal opinion on the Resolution, which has been published on the website of the Constitutional Court of the Russian Federation.

The Court provided authoritative clarification on two fundamental issues of insolvency practice:

🔎 The procedure for lifting criminal seizure measures imposed on assets included in the bankruptcy estate;

🔎 The priority ranking of criminal fines in insolvency proceedings involving an individual debtor.

The Resolution resolves longstanding legal uncertainty regarding the interaction between public-law claims arising from criminal proceedings and the principles governing the administration and distribution of the bankruptcy estate.

According to Tenzor Consulting, the Court’s position will materially influence insolvency practice, particularly in cases involving parallel criminal and bankruptcy proceedings, and will require adjustments in the approach of insolvency administrators, creditors, and financial institutions.

The full text of the Resolution and the official legal opinion are available on the website of the Constitutional Court of the Russian Federation.

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