On 11th March 2015, the Arbitration Court of the Dagestan Republic stopped the judical proceeding on application of "Dagestan regional gas company" for bankruptcy "Daggaz". It`s a big company with a half centure history, which providing a transportion of gas and natural gas industry for customs in Republic ( Case А15-4130/2014).
In oppinion of the partner of "National Law Company "Mitra" Soslan Kairov, who represented the interests of debtor in this case, it`s early to talk about bankruptcy "Daggaz", as well as the company is a natural monopoly and bankruptcy law provides a number of features of bankruptcy of companies with such status. In case, when the organization's assets, which aren`t in production, exceed amount of liabilities, the question of creditor`s relief should be resolved in the enforcement proceedings, but not in bankruptcy procedures.
The piquancy of this situation is that the creditor Daggaza, at the same time, is its debtor. In 2009 the Dagestan regional gas company was declared bankrupt, the court entered bankruptcy proceedings. In this case, attempts of realization accounts receivable of" Daggaz "in the bankruptcy proceedings aren`t taken.
Earlier, the Arbitration Court of the Dagestan Republic refused to the Dagestan regional gas company for recognition in bankruptcy "Daggaz", on the basis of а non-observance of the applicant`s requirements according p. 3 st.197 of the Bankruptcy Act. The higher courts confirmed the legality of the judicial act (Case A15-3513 / 2013).
