On July 13, 2022, the Government amended its Decree No. 4971 of March 28, 2022 and clarified the list of persons who are not subject to the general moratorium imposed on April 1, 20222.
The main amendments are as follows. Paragraph 2 of the Decree now consists of two sub-paragraphs. Subparagraph "a" states provisions of paragraph 2 in the original wordings of the Decree, allowing to declare bankrupt developers of apartment buildings if their construction facilities are problematic3. Subparagraph "b" introduces a group of persons who can be excluded from the moratorium if they met certain conditions.
These can be:
a) foreign persons operating on the Internet on the Territory of the Russian Federation (Federal Law No. 236-FZ of July 1, 2021 "On the Activities of Foreign Persons in the Internet Information and Telecommunications Network on the Territory of the Russian Federation");
b) foreign citizens and stateless persons prohibited from entering the Russian Federation, organizations whose activities have been suspended, undesirable foreign organizations (Federal Law No. 272-FZ of December 28, 2012 "On Measures to Influence Persons Involved in Violations of Fundamental Human Rights and Freedoms, rights and Freedoms of Citizens of the Russian Federation");
c) foreign agents and persons affiliated with them (Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations"; Law of the Russian Federation No. 2124-1 of December 27, 1991 "On Mass Media").
Secondly, these persons are included in the list of persons who are not subject to the moratorium by the Government of the Russian Federation. As of the date of publication, such a list has not been approved. is the person may be included into this list only by a motivated proposal of:
a) the head of the federal executive authority ensuring the implementation of a unified state policy in the branch of the economy in which the relevant person operates (to determine this person, you should refer to the "List of Strategic Organizations"4); or
b) the highest official of the region where the relevant person is registered or where its activity is carried out.1 See more: From April 1, 2022, Russia Introduces a Moratorium on Initiating Bankruptcy Proceedings Under the Claims of Creditors.
2 Decree of the Government of the Russian Federation No. 1240 of July 13, 2022 "On Amendments to the Decree of the Government of the Russian Federation No. 497 of March 28, 2022".
3See the Unified Register of Problematic Objects.
4Order of the Government of the Russian Federation No. 1226-r of August 20, 2009 "On approval of the List of Strategic Organizations, as well as Federal Executive Authorities Ensuring the Implementation of a unified state policy in the Sectors of the Economy in which these organizations operate".