Russia’s top court to rule if taxmen may recover costs from ex-manager of bankrupt enterprise
ST. PETERSBURG, March 4 (RAPSI, Mikhail Telekhov) – The Russian Constitutional Court is to rule on a claim of an ex-manager of a bankrupt enterprise, who has challenged the recovery from him of a sum paid by a tax authority to the bankruptcy supervisor, the court’s press-service has told RAPSI.
According to the Court’s press-service, the money has been recovered on the ground that the ex-manager failed to file the required bankruptcy petition.
Yet in 2009, the statement reads, the Commercial Court of the Republic of Mordovia ruled an enterprise bankrupt on the initiative of the Republican tax office. After the procedure had been completed, the bankruptcy supervisor could not be paid the agreed remuneration, as the proceeds from the sale of the bankrupt’s assets turned out insufficient.
The supervisor recovered the money from the tax authority, as the body responsible for the launch of the bankruptcy procedure. The authority in its turn lodged a claim to recover the sum it had paid to the supervisor from the ex-manager. The tax office’s claim had been successful and later upheld by upper courts.
The Constitutional Court is to settle the issue on March 5, according to the statement.