Abstract

The article is devoted to the initiation of bankruptcy cases absolute moratorium consequences imposed by the Government of the Russian Federation in 2022. Attention is drawn to the enforcement proceedings problems related to the performance fee collection from debtors during moratorium period. In addition, public authorities and courts present different variants of the rules application for suspending enforcement proceedings during moratorium that depend on subjects range and their status. The author makes a conclusion about practice formation on the topic of the bankruptcy moratorium using as an autonomous basis for performance free relief. Meanwhile, performance free relief depends on two points: the subject meets moratorium conditions; the duty to execute the judicial act came after moratorium establishment. Finally, the article proposes a procedural mechanism of performance fee relief in case of its illegal collection.

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