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The expert spoke about the danger of extending the moratorium on business bankruptcy

The expert spoke about the danger of extending the moratorium on business bankruptcy

If we extend the previously introduced moratorium on bankruptcy of companies, then unscrupulous entrepreneurs can take advantage of this, and honest business will suffer. This was stated by a member of the General Council, Ekaterina Avdeeva, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of Delovaya Rossiya.

Given the increased sanctions pressure, a moratorium is necessary for affected and vulnerable industries. At the same time, its widespread distribution to all companies increases the risk of violation of the legal rights and interests of creditors..

"For conscientious companies and individual entrepreneurs, affected by the sanctions, a moratorium is really needed: it can be noted that there are no financial sanctions for violation of obligations, and suspension of enforcement proceedings on property recovery", - said Ekaterina Avdeeva.

The moratorium has already provided unscrupulous persons with new opportunities, as companies may still default, and creditors cannot initiate bankruptcy proceedings due to the moratorium.

As a result, not only large credit institutions, but also people, who counted on a fair replenishment of working capital by collecting from real debtors by court decision, were left in an extremely disadvantaged position..

The expert noted, that it would be more logical to introduce bankruptcy for a certain person through a statement by the interested party about the need for a moratorium with a simplified procedure for providing relevant evidence. So the moratorium could become an effective mechanism to support both debtors, and creditors, affected by the sanctions.

Given these factors, the extension of the moratorium does not seem inappropriate due to possible negative consequences..

Delovaya Rossiya proposed not to extend the moratorium in its current form, and introduce point relaxations, related to the suspension of measures of enforcement proceedings and bankruptcy.

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