Today, more than 200 stakeholders of Fregat LLC are included in the bankrupt's register of construction participants. The bankruptcy legislation holds a special place in the Russian legal system as having the most changes made to it, roughly 1 change every 2 months.
In less than 2 months of the formation of the register of LLC Fregat, it managed to have the name, the requirements for its form and its content changed. Now the demands of the construction participants for non-residential premises with an area of up to 7 square meters (storage rooms, parking spaces) are entered into the register as well.
A mechanism for applying the new changes has not been developed so far. Currently, the demands for the inclusion of non-residential premises in the registry are left without review by the court, since, according to the court, review of these demands and their inclusion in the registry is the responsibility of the arbitration manager, except the for the fact that a monitoring procedure has been ruled for Fregat LLC (it is not yet considered bankrupt) and therefore the question of whom should review the demands for inclusion in the registry - the arbitration manager or the court - remains open.
In the near future, the 10th Arbitration Court of Appeal should review a creditor's appeal after which it will be possible to talk about forming a precedent on this issue.
The interests of the plaintiff were represented by an employee of our
Law Office "ZASCHITA" - Vyacheslav Evgenievich Kolaev.