The Supreme court (SC) has released its second overview on how to review civil and bankruptcy cases during a pandemic. The document explains whether a citizen to obtain credit, and mortgage holidays, according to the tenants of the affected business sectors to achieve a delay of payments, and the creditors of the bankrupt debtor under the moratorium. Respondents ‘ b ‘ lawyers generally appreciate the explanation entirely. But note that in the regulation there are still gaps and many issues remain unresolved.The Supreme court of the Russian Federation published the second review of the cases during a pandemic. The document extends the explanation of the sun from the first review of 21 April (including on the basis of the substantive and procedural terms) to the new non-working days 6 through may 8, and gives advice to courts in cases related to consumer and mortgage loans, pay for housing and communal services (HCS), leasing and bankruptcy.Loans for vacation credit gradnpa sun indicates a presumption of compliance with the conditions that the income applied for deferment of the borrower has declined by more than 30%. However, here the high court noted that the lender may request supporting documents as the borrower, and independently from the relevant authorities. If the borrower has not received from the Bank the deferment or have not requested it, the sun instructs courts to meet those citizens. So, the borrower may be released from liability for delay or incomplete payment if the reason for this became extraordinary and unavoidable circumstances, including those associated with restrictive measures, such as the inability to perform an online payment or to pay in the usual way, according to a survey.The establishment of the President holidays not postpones loan payments on the following working days. The exception is the period from 30 March to 3 April, failure to make a payment which will not be considered a delay, according to the information letter of the Central Bank of the Russian Federation from March 27. The review also cites a report of the Central Bank of 3 April that during the period 4 April 30 obligations must be fulfilled by the borrowers in the period of the contract, and creditors, acting in good faith, shall “take into account the actual ability of the debtor” on execution of obligations and the availability of remote services, and in its absence — restrictive measures introduced in the region and prevent the visit to the Bank branch.Project Manager of the legal group “Yakovlev and partners” Andrey Naberezhne explains that sun has provided citizens with the opportunity not to pay the credits in the “shutdown period” only in case of objective impossibility, and it will have to prove the borrower himself. “Most likely, banks will automatically qualito aciravati late and in future to deal with the borrower, individually,”— says the lawyer. Forgiveness of arrears for March 30—April 3 due to the fact that the Central Bank considered these days is really off, and the sun in the first review of April 21, explained that they are not. “Due to uncertainty and delays in payment of loans in this period, the courts will not consider as late. This position is reasonable, since many borrowers have already suffered from inconsistent positions of the state authorities”,— said Mr. quay.By law, simultaneously it is impossible to get new credit, and the old mortgage holidays, but all retained the opportunity to continue to receive these benefits, the lawyer. “Citizens can first use vacation credit as they are easier to obtain, and then use a mortgage, if your financial situation during this period failed to improve,” suggests Andrew waterfront.Payment for services JCHS recalls that the penalty for untimely or incomplete payment of contributions for capital repair, paying utility services (including gas, electricity and water) not charged, according to the government decision no. 424, for the period of delay from 6 April to 1 January 2021, including if the principal amount of the debt was incurred before 6 April.These rules apply regardless of the place of residence of the citizen’s location, location and place of conduct of activities of legal entities and irrespective of the introduction in the region of high alert or emergency, the armed forces.BGP Litigation partner Dmitry Bazarov believes clarification of vacation credit and the prohibition against penalties for non-payment of communal services socially-oriented and does not see it as pitfalls.Rent for bizaarely unit clarification entirely devoted to the deferral of rents for business until 1 October. Government decision No. 439 of April 3, this exemption is given under contracts of lease of state, municipal and private real estate (concluded prior to the introduction of high alert) for legal entities and individual entrepreneurs operating in sectors most affected by the spread of coronavirus infection. The review clarifies that the rule for postponement applies to contracts for the rent not only the whole room, but part of it.The delay provided from the date of introduction in the region of high alert or emergency. Sun emphasizes that the obligations of the parties to the lease agreement be deemed to be modified with this date regardless of when it signed an additional agreement for deferment with the landlord or when the court ordered the owner of the premises to give such a reprieve. Earlier point of suspension can be installed by agreement of the parties, given at��Uchenie the provisions of the tenant.With the delay or evasion from the conclusion of the additional agreement to the rent deferral is still considered to be granted on the terms set out in the government decree, the review says.The presence of additional grounds for deferral, such as the inability to use, the leased property is not required, it is enough for attributing persons to the list of the most affected sectors. However, sun warns, if the landlord proves that the tenant was not injured by the pandemic and acted in bad faith (for example, used the premises contrary to the established restrictive measures), the court may deny the right to a continuance. The tenant can also demand a reduction in rents, but only from the date of inability to use the leased property for the purpose, emphasized in this review.In General, the lawyers positively estimate clarification of any deferred rental payments. Lawyer “KSK group” Andrey Trubitsyn particularly welcomed the clause stating that the tenants for deferment is not required other conditions, except for the inclusion of their industry to the list of those most affected.Dmitry Bazarov explains that this clarification could lead to disputes and the attempts of landlords not to give the appropriate delay, as in the review there is no criteria of bad faith of the tenant. “To understand the specific circumstances have been court, which may take the side of the landlord, especially if those acts the state Agency”,— said Mr. Trubitsyn.The lawyer believes the problem and the point of rent reduction: “the sun does not explain how to determine the moment of impossibility of use of the property and what can be objective obstacles for the tenant, which the landlords get the scope for disputes.” Partner of law firm Vegas Lex Igor Chumachenko notes several important issues left without explanation: “There are contradictions between the government and the law establishing the right to defer lease payments. The decree refers only to those tenants who are most affected by the pandemic industries, but the law does not limit the number of tenants and provides such powers to the government. Thus, should apply the act of higher legal force, that is the law, but it does not give explanations”.Bankruptcy and the recovery of dolgovato affects the problem of bankruptcy during a pandemic. If podmoratornyh the debtor has decided to declare their liquidation during the term of the moratorium on the bankruptcy of the immune system it is removed and creditors may initiate the procedure indicates aircraft. Thus, “in itself the attribution of the liquidated debtor among the persons subject to the moratorium, is not an obstacle dsupplying creditor’s application on recognition of debtor bankrupt”. Moreover, the liquidator of the debtor is obliged to apply for recognition of the bankrupt in the presence of signs of insolvency.Upon expiration of the moratorium, to bankrupt him placed under debtors, creditors will be required to re-post a notice of its intention to recognize the face of bankruptcy 15 days before the relevant application to the court, even if they had published the notification earlier.For podmoratornyh debtors, says the sun, charging is suspended not only forfeits on claims incurred prior to the freeze, but of interest under article 395 of the Civil code (for the breach of performance of monetary obligations).Sun also drew attention to the following gap. The law provides for the suspension of the proceedings at the time of the moratorium, so that the bailiffs could not foreclose on the debtor’s property included in moratory list. But at the same time lenders have the option of sending the writ of execution to recover the debt directly to the Bank accounts of the debtor. Lawyers welcomed the possibility of initiation of bankruptcy creditors of liquidated entities from martinego list. Andrew Naberezhne notes that creditors have the possibility not only to bankrupt podmoratornyh debtors, but also to attract to vicarious liability of their leaders, as relief work only in case of continuation of activities of individuals on the list. At the same time, adds the jurist, the sun, in fact, imposes on banks the duty to control the existence of restrictions in respect of the clients: “If the Bank will write off money from the company, which is under moratorium, then it will be possible to recover damages. Review of closed the potential loophole of getting money through the Bank, which could be used by unscrupulous creditors.”However, not all lawyers support a complete ban on the collection with podmoratornyh debtors. Dmitry Bazarov believes that sun could make exceptions here: “it is Obvious that there are categories of requirements which by their nature should not be subject to such restrictions, such as requirements about compensation of harm of life and health.”Clarification of the armed forces, according to lawyers, to help citizens and businesses to defend their interests in courts, but do not expect that this will solve all the issues. “In any case, the parties lease, credit and other relations will establish a new format of relations in the negotiation procedure, subject to the provisions of specific contracts and business practice,” warns Mr. Bazarov. Much, in his opinion, will depend on the quality and commitment of regulatory authorities, and local regulation of a particular market player, for example Europe��atora, Bank and other.The arbitral panel
