On the 23rd of November 2024, the new rules for appointment of the insolvency officers in the bankruptcy proceedings initiated by FTS will enter into effect. VERBA LEGA Partner of dispute settlement and bankruptcy practice Kirill Ponasyuk commented the novelty for PRObankruptcy.
The new score-based principle of appointment of the insolvency officers initiated by the Federal Tax Service (FTS) will enter into effect on the 23rd of November 2024. The procedure was described in detailed by Deputy Head of the Federal Tax Service Konstantin Chekmyshev at Interfax webinar “Preparing for appointment of the insolvency officers in the bankruptcy proceedings”. Revised principle of the insolvency officer appointment in the bankruptcy proceedings initiated by the tax authorities is set out in the RF Government Resolution No. 634. The session was also attended by the Head of FTS Department for Support of the Bankruptcy Proceedings Vadim Soldatenkov and Head of FTS Inter-Regional Inspectorate for Debt Management Dmitry Plaksin. Read more at website of PRObankruptcy.
Despite that the score-based system for insolvency officers is still being actively disputed by the professional community, the lawmakers are worth of giving a credit for implementation of this system. Application of the score-based system to the bankruptcy proceedings initiated by FTS will be beta-tested by the state itself (as a system owner).
Separation of a narrow specialised group of proceedings (initiated by FTS) will firstly enable testing the system without posing a risk that potential identified imperfections of the implemented system would affect the main portion of bankruptcies (not initiated by FTS), and secondly will enable eliminate promptly such imperfections (considering that FTS and court activities as of the public institutions are aimed to implement the law efficiently).
There are no doubts that the score-based system of appointment of the insolvency officers will further apply to all bankruptcy proceedings. Therefore, the current beta testing hold out a hope that the score-based system will be applied to a wider mass of proceedings in more perfected form.