The executive fee in cases of bankruptcy of the debtor
Abstract
The article considers the issues related to features of the executive fee collection within the case of insolvency (bankruptcy) of the debtor. The relevance of the topic is demonstrated by the fact that despite the clarification of higher judiciary and recommendations of bailiff service about the order of the executive fee collection within the case of insolvency (bankruptcy) of the debtor, in the practice of the courts there is no single approach to solving this issue. The conclusions made in the article might be used in law application practice. As a result of research the author comes to the following conclusions: a claim for payment of executive fee can be characterized as a current payment and as the requirement which is to be included in the register of requirements of creditors of the debtor. The claim for payment of executive fee shall be included in the register of requirements of creditors regardless of whether the basic requirement was repaid in the executive proceeding, whether the basic requirement was included in the register of requirements of creditors. The question about the qualification of claim for payment of executive fee as a current payment is decided depending on which category the basic requirement, violation of which led to the collection of executive fee, can be attributed (current payment or claim to be included in the register of requirements of creditors). At the same time, the author thinks that the decision of questions which were voiced in this paper is possible only through legislation. Refs 37.
Keywords:
executive proceeding, executive fee, bailiff, bankruptcy (insolvency), compulsory payment, current payment, register of requirements of creditors
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Articles of "Vestnik of Saint Petersburg University. Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.