Determination of the Supreme Court of the Russian Federation dated 12.19.2017 N 59-КГ17-17
Persons who are not involved in the case have the right to appeal to the decision of the court of if this decision concerns their rights and obligations.
An individual was declared bankrupt and a procedure for the sale of property was introduced.
Another individual, the lender, was included in the register of claims of the debtor's creditors, as well as a bank that appealed the decision on the priority inclusion of the person in the register.
Leaving the appeal of the bank without consideration, the court of appeal proceeded from the fact that the contested judicial acts should not just affect the rights and obligations of bankruptcy creditors, but be taken directly about their rights and obligations. However, there is no judicial act that would resolve the issue of the rights and obligations of the bank.
The court of appeal pointed out that the fact that recognizing the lender as the creditor of the bankrupt debtor does not indicate a violation of the bank's rights, despite the decrease in the share of the bank's claims in the total amount of creditors 'claims. Consequently, the court of first instance lacked legal grounds for attracting a bank to participate in the case, since disputable legal relations arose between the parties to the contract, to which the bank was not a party, at the time of the dispute. Consideration the bank's claims were not included in the debtor's request, the court of first instance stated that the bank has not been affected and no obligations have been assigned, the presence of the bank's interest in the outcome of the case does not in itself give it the right to appeal judicial acts.
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds the above conclusions erroneous, made without taking into account the requirements of the law.
According to the explanation contained in paragraph four of clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 19, 2012 N 13 "On the application by courts of civil procedural legislation governing the proceeding in an appellate court", by virtue of part 4 of article 13 and part 3 of article 320 Civil Procedure Code of the Russian Federation, Persons who are not involved in the case have the right to appeal to the decision of the court of if this decision concerns their rights and obligations, that is, that is if they are limited in rights, are endowed with rights and (or) they are assigned duties. At the same time, such persons do not necessarily have to be indicated in the motivation and (or) resolution part of the court decision.
By virtue of paragraph 4 of Article 213.24 of the Federal Law of October 26, 2002 N 127-ФЗ "On Insolvency (Bankruptcy)" (hereinafter - the Bankruptcy Law) during the procedure for selling a citizen's property, the claims of bankruptcy creditors and the authorized body are subject to consideration based on Article 100 of this federal law.
According to clause 1 of Article 100 of the Bankruptcy Law, creditors are entitled to submit their claims to the debtor at any time during external administration. These claims are sent to the arbitration court and the external manager with the application of a judicial act or other documents confirming the validity of these claims.
The external manager or registrar based on the definition of the arbitration court on the inclusion of these requirements in the register of creditors' claims includes these claims in the register of creditors' claims.
By virtue of paragraph 3 of Article 100 of the Bankruptcy Law, an external administrator may file objections to the claims of creditors with the arbitration court, creditors whose claims are included in the register of creditors' claims. Such objections shall be filed within thirty days from the date on which information on the receipt of the claims of the respective creditor is included in the Unified Federal Register of Bankruptcy Information. The persons participating in the bankruptcy case are entitled to declare that the limitation period has expired on the claims of creditors submitted to the debtor.
If there are objections regarding the claims of creditors, the arbitration court checks the validity of the relevant claims of creditors. Based on the results of the consideration, the definition of the arbitration court is made to include or to refuse to include these claims in the register of creditors' claims. The ruling of the arbitral tribunal on the inclusion of these claims in the register of creditors' claims shall indicate the size and priority of satisfaction of these claims (paragraph 4 of Article 100 of the Bankruptcy Law).
For the purposes of the above legal norms, in the presence of objections by bankruptcy creditors, the claims of the debtor's creditors are checked for their reasonableness by the arbitral tribunal.
At the same time, in accordance with paragraph 2 of clause 10 of Article 16 of the Bankruptcy Law, disagreements on the claims of creditors or authorized bodies, confirmed by a court decision that has entered into legal force regarding their composition and size, are not subject to arbitration in a bankruptcy case, except for disagreements related to the execution of judicial acts or their revision.
Based on the foregoing, if a judicial act of a court of general jurisdiction, on which the claim of another creditor filed in a bankruptcy case is based, resolves the issue of the rights and obligations of persons participating in a bankruptcy case, competitive creditors are entitled to appeal the said judicial act in accordance with the provisions of the Civil Procedure of the Russian Federation.
The right to challenge the judicial act on which the claim filed in a bankruptcy case is based is a special remedy provided on a special basis to a strictly defined circle of persons, including bankruptcy creditors, and implies the possibility of presenting new evidence and making new arguments in support of its position on a dispute. At the same time, the fact that the bankruptcy procedure was introduced in respect of the debtor after the adoption of the disputed judicial act, on which the claim filed in the bankruptcy case is based, has no legal significance in itself.
Since at the time the appeal was considered, the bank's claims were included in the register of creditors' claims and the applicant was a bankruptcy creditor, he had the right to challenge the court decision on which the bankruptcy creditor's claim was based.
In view of the above, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation overturned the appeal determination of the judicial panel for civil cases of the regional court, and sent the case for a new consideration to the court of appeal.