Article 14.13. Unlawful actions With bankruptcy
1. concealment of property, property rights or property responsibilities, property information, about its size or location or other property information, property rights or property responsibilities, transfer of property to other persons, alienation or destruction of property or concealment, destruction or falsification of accounting and other accounting documents reflecting economic activities legal entity or individual entrepreneurIf these actions are committed in the presence of signs of bankruptcy of a legal entity or signs of insolvency of an individual entrepreneur or a citizen and do not contain criminal acts, -
2. Unlawful satisfaction of the property requirements of individual creditors at the expense of the property of the debtor - legal entity by the head of the legal entity or its founder (participant) or by an individual entrepreneur or a citizen knowingly to the detriment of other creditors or the adoption of such satisfaction with creditors who know about their preference to other lenders, If these actions are committed in the presence of signs of bankruptcy and do not contain criminal acts, -
shut down administrative fine on citizens in the amount of from four thousand to five thousand rubles; on the officials - from fifty thousand to one hundred thousand rubles or disqualification for a period of six months to three years.
3. Failure to the arbitration manager, the registrar, the organizer of the trading, operator electronic platform or by the head of the temporary administration of credit or other financial organization duties established by the laws of insolvency (bankruptcy), if such an action (inaction) does not contain criminal approached Act, -
warning entails a warning or imposition of an administrative fine on officials in the amount of from twenty-five thousand to fifty thousand rubles; On legal entities - from two hundred thousand to two hundred and fifty thousand rubles.
Change information:
Federal Law of December 29, 2015 N 391-FZ Article 14.13 of this Code is supplemented by part 3.1
3.1. Repeated administrative offense provided for by part 3 this articleif such an action does not contain a criminal acting act, -
entails the disqualification of officials for a period of six months to three years; The imposition of an administrative fine on legal entities in the amount of three hundred fifty thousand to one million rubles.
4. illegal prevention of the activities of the arbitration manager, the competitive managing or a temporary administration of a credit or other financial organization, including late provision, evasion or refusal to transfer the arbitration manager, the competition manager or a temporary administration of a credit or other financial organization of information and (or) documents, necessary for the execution of responsibilities assigned to them, and (or) property owned by a legal entity, including a credit or other financial organization, in cases where the functions of the head of a legal entity, including a credit or other financial organization, are assigned to the arbitration manager , the competitive managing and head of the temporary administration of a credit or other financial organization, if these actions (inaction) do not contain criminal acts, -
the imposition of an administrative fine on officials in the amount of forty thousand to fifty thousand rubles or disqualification for a period of six months to one year.
Change information:
Federal Law of December 29, 2014 N 484-FZ Article 14.13 of this Code is supplemented by part 4.1
4.1. Actions (inaction) provided for by part 4 of this article, or concealing documents and other information carriers committed against representatives of the Bank of Russia or the State Corporation "Deposit Insurance Agency" in connection with the implementation of authority in the analysis of the Bank's financial position in accordance with the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)", -
the imposition of an administrative fine on officials in the amount of from forty thousand to fifty thousand rubles or disqualification for a period of six months to one year.
5. Failure to the head of a legal entity or by an individual entrepreneur or a citizen of the obligation to submit an application for recognition of a legal entity or an individual entrepreneur, a citizen bankrupt to an arbitration court in cases provided for by law on insolvency (bankruptcy), -
entails the imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; Officers - from five thousand to ten thousand rubles.
Change information:
Federal Law of December 29, 2015 N 391-FZ Article 14.13 of this Code is supplemented by part 5.1
5.1. Repeated administrative offense provided for in paragraph 5 of this article -
entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; Officers - disqualification for a period of six months to three years.
6. Failure to the head of the legal entity in the insolvency established by law (bankruptcy) is the deadline for the debtor's property owner - unitary enterprise, as well as persons with the right to initiate the convocation of an extraordinary general Assembly Shareholders (participants), information about the presence of signs of bankruptcy, as well as copies of the debtor's statement when submitting it to the arbitration court, the return of the debtor to the application for the recognition of the debtor bankrupt, -
he entails the imposition of an administrative fine on officials in the amount of from twenty-five to fifty thousand rubles or disqualification for a period of six months to two years.
7. illegal prevention by an individual entrepreneur or a citizen of the activities of the Arbitration Manager approved arbitration court In the bankruptcy case of an individual entrepreneur or a citizen, including evasion or refusal to provide information in cases provided for by law on insolvency (bankruptcy), the transfer of the arbitration manager necessary for the execution of duties assigned to it if these actions (inaction) do not contain criminal Acts -
entails a warning or imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; Officers - from five thousand to ten thousand rubles or disqualification for a period of six months to two years.
Change information:
Federal Law of December 29, 2015 N 391-FZ Article 14.13 of this Code is supplemented by part 8
8. Failure to join legal force judicial act about attracting controlling debtors to subsidiary responsibility For the obligations of the debtor, recognized bankrupt, provided that such an action does not contain a criminal acting act, except if this judicial act appealed to the court cassation instance and on it by the court of cassation instance did not cause a judicial act either the appeal period in the court of cassation instance of the judicial act on bringing to subsidiary responsibility -
shows disqualification for the period from six months to three years.
Full text Art. 14.13 Code of Administrative Code with comments. New relevant revision with additions for 2020. Consultation of lawyers under Article 14.13 of the Code of Administrative Code.
1. Hiding property, property rights or property responsibilities, property information, about its size or location or other information about property, property rights or property responsibilities, transfer of property to other persons, alienation or destruction of property or concealment, destruction or falsification accounting and other accounting documents reflecting the economic activity of a legal entity or an individual entrepreneur if these actions are committed in the presence of signs of bankruptcy of a legal entity or signs of insolvency of an individual entrepreneur or a citizen and do not contain criminal acts, -
2. Unlawful satisfaction of the property requirements of individual creditors at the expense of the property of the debtor - legal entity by the head of the legal entity or its founder (participant) or by an individual entrepreneur or a citizen knowingly to the detriment of other creditors or the adoption of such satisfaction with creditors who know about their preference to other lenders, If these actions are committed in the presence of signs of bankruptcy and do not contain criminal acts, -
entails the imposition of an administrative fine on citizens in the amount of from four thousand to five thousand rubles; Officers - from fifty thousand to one hundred thousand rubles or disqualification for a period of six months to three years.
(Part of the editorial office entered from October 1, 2015 Federal law from June 29, 2015 N 154-FZ.
3. Failure to the arbitration manager, the registrar, the organizer of the trading, the operator of the electronic platform, or by the head of the temporary administration of the credit or other financial organization of duties established by the law on insolvency (bankruptcy), if such an action (inaction) does not contain a criminal offense, -
Warning entails a warning or imposition of an administrative fine on officials in the amount of from twenty-five thousand to fifty thousand rubles; On legal entities - from two hundred thousand to two hundred and fifty thousand rubles.
(Part of the editors entered into force from January 29, 2015 by the Federal Law of December 29, 2014 N 482-FZ.
3.1. Re-committing an administrative offense provided for by part 3 of this article, if such an action does not contain a criminal acting act, -
entails the disqualification of officials for a period of six months to three years; The imposition of an administrative fine on legal entities in the amount of three hundred fifty thousand to one million rubles.
4. illegal prevention of the activities of the arbitration manager, the competitive managing or a temporary administration of a credit or other financial organization, including late provision, evasion or refusal to transfer the arbitration manager, the competition manager or a temporary administration of a credit or other financial organization of information and (or) documents, necessary for the execution of responsibilities assigned to them, and (or) property owned by a legal entity, including a credit or other financial organization, in cases where the functions of the head of a legal entity, including a credit or other financial organization, are assigned to the arbitration manager , the competitive managing and head of the temporary administration of a credit or other financial organization, if these actions (inaction) do not contain criminal acts, -
(Paragraph in the editorial office entered into force from January 29, 2015 by the Federal Law of December 29, 2014 N 482-FZ.
the imposition of an administrative fine on officials in the amount of forty thousand to fifty thousand rubles or disqualification for a period of six months to one year.
(Part of the editors entered into force on June 1, 2010 by the Federal Law of May 19, 2010 N 92-FZ.
4.1. Actions (inaction) provided for by part 4 of this article, or concealing documents and other information carriers committed against representatives of the Bank of Russia or the State Corporation "Deposit Insurance Agency" in connection with the implementation of authority in the analysis of the Bank's financial position in accordance with the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)", -
The imposition of an administrative fine on officials in the amount of from forty thousand to fifty thousand rubles or disqualification for a period of six months to one year.
(Part additionally included by the Federal Law of December 29, 2014 N 484-FZ)
5. Failure to the head of a legal entity or by an individual entrepreneur or a citizen of the obligation to submit an application for recognition of a legal entity or an individual entrepreneur, a citizen bankrupt to an arbitration court in cases, stipulated by law about insolvency (bankruptcy), -
entails the imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; Officers - from five thousand to ten thousand rubles.
(Paragraph in the editorial office, enacted by the Federal Law of December 29, 2015 N 391-FZ.
(Part of the editors entered into force on October 1, 2015 by the Federal Law of June 29, 2015 N 154-FZ.
5.1. Repeated administrative offense provided for in paragraph 5 of this article -
entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; Officers - disqualification for a period of six months to three years.
(Part additionally included by the Federal Law of December 29, 2015 N 391-FZ)
6. Failure to the head of the legal entity in established by law About insolvency (bankruptcy) Responsibilities for the owner of the property of the debtor - unitary enterprise, as well as persons with the right to initiate the convening of an extraordinary General Meeting of Shareholders (Participants), information about the presence of signs of bankruptcy, as well as copies of the debtor's statement when submitting it to the Arbitration Court , the return of the debtor to the application for the recognition of the debtor bankrupt, -
He entails the imposition of an administrative fine on officials in the amount of from twenty-five to fifty thousand rubles or disqualification for a period of six months to two years.
(Part additionally included from January 29, 2015 by the Federal Law of December 29, 2014 N 482-FZ)
7. Illegal prevention by an individual entrepreneur or a citizen of the activities of the Arbitration Manager, approved by the Arbitration Court of the Bankruptcy of an individual entrepreneur or a citizen, including evasion or refusal to provide information in cases stipulated by the law on insolvency (bankruptcy), transfer to the Arbitration Manager of the Documents required for execution responsibilities assigned to him, if these actions (inaction) do not contain criminal acts, -
entails a warning or imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; Officers - from five thousand to ten thousand rubles or disqualification for a period of six months to two years.
(Paragraph in the editorial office, enacted by the Federal Law of December 29, 2015 N 391-FZ.
(Part additionally included on October 1, 2015 by the Federal Law of June 29, 2015 N 154-FZ)
8. The failure to fulfill the judicial act on attracting controlling debtors to subsidiary responsibilities for the obligations of the debtor recognized by bankrupt, provided that such an action does not contain a criminal acting act, except if this judicial act is appealed to the court of cassation instance and According to him, the court of cassation instance has not been submitted a judicial act either the appeal period in the court of cassation instance of the judicial act on bringing to subsidiary responsibility -
Shows disqualification for the period from six months to three years.
(Part additionally included by the Federal Law of December 29, 2015 N 391-FZ)
(An article in the wording enacted from January 2, 2006 by the Federal Law of December 19, 2005 N 161-FZ.
Commentary on Article 14.13 Administrative Code
1. Bankruptcy is the inability of the debtor recognized by the Arbitration Court to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments (Art. 2 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy) "(with change and extra.)).
The legal entity is considered unable to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments, if the relevant obligations and (or) duty are not fulfilled by it within three months from the date when they were to be executed (paragraph 2 of Art . 3 of the title federal law).
The legislation of the Russian Federation on insolvency (bankruptcy) has established a number of features of the recognition of the debtor bankrupt or declare them about its insolvency for financial organizations (steam. 4 ch. IX of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)" (with Change and add.), Federal Law of February 25, 1999 N 40-FZ "On Insolvency (Bankruptcy) of Credit Organizations" (with change and extra.)). At the same time, under financial organizations are subject to credit and insurance organizations, professional market participants valuable papers, non-state pension funds, management companies of investment funds, mutual investment funds and non-state pension funds (Art. 180 of the Federal Law "On Insolvency (Bankruptcy)").
2. The offense provided for by the commented article is encroaching on established order bankruptcy exercise prerequisite recovery of the economy, as well as the protection of rights and legitimate interests Owners of organizations, debtors and creditors.
3. Part 1 of the commented on the article is administrative responsibility for concealing property, property rights or property duties, property information, its size, location or other property information, property rights or property responsibilities, the transfer of property to other persons, alienation or destruction Property, as well as concealing, destruction, falsification of accounting and other accounting documents reflecting the economic activity of a legal entity or an individual entrepreneur.
The actions specified in the disposition of part 1 of the commented article will be of unauthorized nature only if they are committed in the presence of signs of bankruptcy, i.e. If the appropriate legal entity (individual entrepreneur) falls under the signs of paragraph 2 of Art. 3 of the Federal Law "On Insolvency (Bankruptcy)".
4. Part 2 of the commented article was established administrative responsibility for the unlawful satisfaction of the property requirements of individual creditors at the expense of the debtor's property - a legal entity knowingly to the detriment of other creditors, as well as the adoption of such satisfaction with creditors who know about preference to the detriment of other creditors.
These actions are unauthorized if they are committed in the presence of signs of bankruptcy, i.e. If the appropriate legal entity (individual entrepreneur) falls under the signs of paragraph 2 of Art. 3 of the Federal Law "On Insolvency (Bankruptcy)".
5. Part 3 of the commented article has established administrative responsibility for non-executing the arbitration manager or the head of the temporary administration of a credit or other financial organization of responsibilities established by the insolvency legislation (bankruptcy).
Arbitration Manager is a citizen Russian FederationA member self-regulatory organization Arbitration managers (Art. 2 of the title). The Arbitration Manager is a subject of professional activity and implements the Federal Law "On Insolvency (Bankruptcy)" Professional Activities, private practice. The procedure for approving the Arbitration Manager is defined by Art. 45 of this law.
The duties of the arbitral manager are established by Art. 20.3 of the specified law. The arbitral manager must, in particular, take measures to protect the property of the debtor, analyze financial condition the debtor and the results of his financial, economic and investment activity, the register of creditors' claims is reasonably and reasonable to carry out costs associated with the execution of duties assigned to it in the case of bankruptcy and others.
6. Part 4 of the commented article established administrative responsibility for the illegal obstruction of the activities of the Arbitration Manager or the Interim Administration of a Credit or other financial organization.
Objective side this offense includes, in particular, evasion or refusal to transfer to the arbitration manager or temporary administration credit organization documents necessary for performing responsibilities assigned to them, or property owned by a legal entity, including the financial institution, in cases where the functions of the head of a legal entity, including the financial organization, are assigned to the Arbitration Manager or the Head of the Provisional Administration of one of the specified Above organizations.
Please note that objective side This offense is formulated in such a way that includes those acts for which the responsibility is provided in accordance with Art. 14.14 of the Code (in terms of preventing the activities of the Interim Administration of the Organization).
Systemic analysis of these norms allows us to conclude about various subjects of offenses, the responsibility for which they are established: bringing to responsibility under Art. 14.14 Only officials of credit and other financial organizations are subject to. Thus, art. 14.14 is special in relation to the commented article. In this regard, the position of the legislator is not quite clear and justified, since the sanction provided for by Art. 14.14, significantly lower than the sanction established by the article 4 of the commented article, which contradicts general rule The ratios of common and special law enforcement norms.
7. Article 9 of the Federal Law "On Insolvency (Bankruptcy)" found that the head of the debtor or an individual entrepreneur is obliged to contact the debtor's statement to the Arbitration Court in case the satisfaction of the requirements of one creditor or several lenders leads to the impossibility of execution by the debtor monetary obligations or responsibilities for paying obligatory payments and (or) other payments in full before other creditors; If the authority of the debtor authorized in accordance with its constituent documents to make a decision on the liquidation of the debtor, decided to appeal to the arbitration court with the debtor's application; If the authority authorized by the owner of the property of the debtor is a unitary enterprise, decided to appeal to the arbitration court with the debtor's application; If the recovery to the debtor's property will significantly complicate or make it impossible economic activities debtor; If the debtor meets signs of insolvency and (or) signs of deficiency of property, as well as in other cases established by the said law. For example, the head of the debtor is obliged to submit such a statement if the value of the property of the debtor is a legal entity in respect of which the decision to eliminate the liquidation is not enough to meet the requirements of creditors, and this circumstance was found after deciding on the liquidation of a legal entity and before the establishment of a liquidation commission (Purpose of the liquidator).
1. Hiding property, property rights or property responsibilities, property information, about its size or location or other information about property, property rights or property responsibilities, transfer of property to other persons, alienation or destruction of property or concealment, destruction or falsification accounting and other accounting documents reflecting the economic activity of a legal entity or an individual entrepreneur if these actions are committed in the presence of signs of bankruptcy of a legal entity or signs of insolvency of an individual entrepreneur or a citizen and do not contain criminal acts, -
The balanced nature of the norm itself cannot testify to its unconstitutionality, since regulatory standards establishing certain rules of conduct, not necessarily be kept in the same regulatory actthat the norms establishing legal responsibility For their violation (Definition of the Constitutional Court of the Russian Federation dated April 21, 2005 N 122-O on refusal to accept the complaint of a citizen N.V. Ionov for a violation of his constitutional law Part 3
Interdistrict Inspectorate of Russia No. 9 for the Kemerovo Region appealed to the arbitration court to my future then the principal - Liquidator Vodokanal LLC P. with an application for attracting to administrative responsibilityprovided for in Part 5.1, that is, for re-committing an administrative offense, provided for by Part 5.
Also, the court in the decision indicated that unless otherwise established by law state registration Legal entities Legal entity for three working days from the date of the change specified in paragraph 1 of Art. 5 of the law of information is obliged to inform about this to the registering authority at the place of its location.
The records are entered into state registries on the basis of documents submitted under state registration.
Since the liquidator is a person who has the right without a power of attorney to act on behalf of a legal entity - the debtor, in case of change of information about him to the register in established by law The order must be made appropriate changes.
However, from the moment of termination by the competent authority of the authority of the sole executive organ The person whose authority as the head of the organization was terminated, not entitled without a power to act on behalf of the Company, including to sign applications for state Register Information.
1. Hiding property, property rights or property responsibilities, property information, about its size or location or other information about property, property rights or property responsibilities, transfer of property to other persons, alienation or destruction of property or concealment, destruction or falsification accounting and other accounting documents reflecting the economic activity of a legal entity or an individual entrepreneur if these actions are committed in the presence of signs of bankruptcy of a legal entity or signs of insolvency of an individual entrepreneur or a citizen and do not contain criminal acts, -
2. Unlawful satisfaction of the property requirements of individual creditors at the expense of the property of the debtor - legal entity by the head of the legal entity or its founder (participant) or by an individual entrepreneur or a citizen knowingly to the detriment of other creditors or the adoption of such satisfaction with creditors who know about their preference to other lenders, If these actions are committed in the presence of signs of bankruptcy and do not contain criminal acts, -
entails the imposition of an administrative fine on citizens in the amount of from four thousand to five thousand rubles; Officers - from fifty thousand to one hundred thousand rubles or disqualification for a period of six months to three years.
3. Failure to the arbitration manager, the registrar, the organizer of the trading, the operator of the electronic platform, or by the head of the temporary administration of the credit or other financial organization of duties established by the law on insolvency (bankruptcy), if such an action (inaction) does not contain a criminal offense, -
warning entails a warning or imposition of an administrative fine on officials in the amount of from twenty-five thousand to fifty thousand rubles; On legal entities - from two hundred thousand to two hundred and fifty thousand rubles.
3.1. Re-committing an administrative offense provided for in paragraph 3 of this article if such an action does not contain a criminal acting act -
entails the disqualification of officials for a period of six months to three years; The imposition of an administrative fine on legal entities in the amount of three hundred fifty thousand to one million rubles.
4. illegal prevention of the activities of the arbitration manager, the competitive managing or a temporary administration of a credit or other financial organization, including late provision, evasion or refusal to transfer the arbitration manager, the competition manager or a temporary administration of a credit or other financial organization of information and (or) documents, necessary for the execution of responsibilities assigned to them, and (or) property owned by a legal entity, including a credit or other financial organization, in cases where the functions of the head of a legal entity, including a credit or other financial organization, are assigned to the arbitration manager , the competitive managing and head of the temporary administration of a credit or other financial organization, if these actions (inaction) do not contain criminal acts, -
the imposition of an administrative fine on officials in the amount of forty thousand to fifty thousand rubles or disqualification for a period of six months to one year.
4.1. Actions (inaction) provided for by part 4 of this article, or concealing documents and other carriers of information committed against representatives of the Bank of Russia or State Corporation "Deposit Insurance Agency" in connection with the implementation of authority in the analysis of the Bank's financial position in accordance with the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)", -
the imposition of an administrative fine on officials in the amount of from forty thousand to fifty thousand rubles or disqualification for a period of six months to one year.
5. Failure to the head of a legal entity or by an individual entrepreneur or a citizen of the obligation to submit an application for recognition of a legal entity or an individual entrepreneur, a citizen bankrupt to an arbitration court in cases provided for by law on insolvency (bankruptcy), -
entails the imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; Officers - from five thousand to ten thousand rubles.
5.1. Repeated administrative offense provided for in paragraph 5 of this article -
entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; Officers - disqualification for a period of six months to three years.
6. Failure to the head of a legal entity in the obligation established by law (bankruptcy) the deadline for the owner of the debtor's property - a unitary enterprise, as well as persons who have the right to initiate the convening of an extraordinary general meeting of shareholders (participants), information about the presence of signs of bankruptcy, as well as Copies of the debtor's statement when submitting it to the arbitration court, the return of the debtor to the application for the recognition of the debtor bankrupt, -
he entails the imposition of an administrative fine on officials in the amount of from twenty-five to fifty thousand rubles or disqualification for a period of six months to two years.
7. Illegal prevention by an individual entrepreneur or a citizen of the activities of the Arbitration Manager, approved by the Arbitration Court of the Bankruptcy of an individual entrepreneur or a citizen, including evasion or refusal to provide information in cases stipulated by the law on insolvency (bankruptcy), transfer to the Arbitration Manager of the Documents required for execution responsibilities assigned to him, if these actions (inaction) do not contain criminal acts, -
entails a warning or imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; Officers - from five thousand to ten thousand rubles or disqualification for a period of six months to two years.
8. The failure to fulfill the judicial act on attracting controlling debtors to subsidiary responsibilities for the obligations of the debtor recognized by bankrupt, provided that such an action does not contain a criminal acting act, except if this judicial act is appealed to the court of cassation instance and According to him, the court of cassation instance has not been submitted a judicial act either the appeal period in the court of cassation instance of the judicial act on bringing to subsidiary responsibility -
shows disqualification for the period from six months to three years.
