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In respect to debtors belonging to Categories C and D, the sessions of the interdepartmental meeting are held, respectively, by interre gional territorial or territorial bodies of the FSFRB of Russia and are formalized by protocols coordinated with the RF subjects bodies of ex ecutive authority or bodies of local self government at the place of a debtors registration. In the event of consent, the decision concerning the feasibility (or non feasibility) of filing a petition in bankruptcy against a debtor is formalized by order of a interregional territorial (or territorial) body of the FSFRB of Russia. In the event of absence of such consent, a substantiated conclusion of a coordinating body is reflected in the protocol, on the basis of which the interregional territorial (or territorial) body of the FSFRB of Russia prepares a report and submits it, with the protocol, to the FSFRB of Russia (or its interregional territorial body), to be considered by a superior interdepartmental commission (or an in terdepartmental meeting).

6. In the event of receiving a decision made by the RF Government, the Chairman of the RF Government, or by the Deputy Chairman of the RF Government, concerning the filing of a petition that a debtor be deemed to be bankrupt, or the issuing of an order to this effect, the FSFRB of Russia (or its interregional territorial or territorial body) within a two week period petitions the court that the debtor be deemed to be bankrupt.

7. The FSFRB of Russia represents, in bankruptcy cases and bank ruptcy procedures, the Russian Federations claims, including the par ticipation in creditors meetings, the filing of complaints concerning the actions of bankruptcy commissioners, the filing of other claims and pe titions, as well as implements other powers envisaged by existing legis lation.

8. Prior to participating in a creditors meeting, the agenda of which contains the issue concerning the choice of a bankruptcy procedure, the FSFRB of Russia requests the opinion of the corresponding body of executive authority of a RF subject and a local self government body in respect to applying bankruptcy procedures and the process of imple menting a bankruptcy procedure.

The bodies of executive authority of RF subjects and local self government bodies may request from the FSFRB of Russia the informa tion concerning the process of implementing bankruptcy procedures.

This information must contain the data on the bankruptcy procedure being effectuated against a debtor, on the bankruptcy commissioner nominated by the arbitrage court, on the process of implementing the bankruptcy procedure and on the debtors financial status.

9. The FSFRB, once in a half year, informs the RF Ministry for Eco nomic Development and Trade as to the number of bankruptcy proce dures on the territory of each RF subject and as to the organizations belonging to each of the economys branches, and also informs it on the types of the said procedures.

10. The RF Ministry for Economic Development and Trade of Russia, in cooperation with the FSFRB of Russia, annually submits information to the RF Government as to the number of bankruptcy procedures and proposals concerning the implementation of the State policy in the sphere of financial recovery and bankruptcy.

On the whole, the procedure for initiating the proceedings in bank ruptcy established by Decree No. 218 was very complicated and bu reaucratic; however, the very fact of its normative definition deserved a positive estimation.

Finally, Decree No. 688 envisaged the creation of the Interdepart mental Commission for determining the feasibility of filing petitions in bankruptcy and approved the Provision regarding this Commission.

By the end of 2003, the normative acts then in effect were establish ing the following distribution of the powers of the federal bodies of ex ecutive authority within the framework of the institution of bankruptcy:

The RF Government:

makes decisions concerning the filing of petitions that a Category A debtor be deemed to be bankrupt;

approves the composition of the Interdepartmental Commission;

The FSFRB of Russia:

represents, in bankruptcy cases and bankruptcy procedures, the claims concerning mandatory payments and the Russian Federa tions claims concerning financial liabilities;

makes, in accordance with the established procedure, the decision concerning the filing of petitions that debtors belonging to Catego ries B D be deemed to be bankrupt;

holds the Interdepartmental Commissions meetings, formalizes, in coordination with the RF Ministry for Economic Development and Trade, the protocol of the Commissions meeting, and in the estab lished instances submits it to the RF Government;

approves the composition of the interdepartmental meeting in coordination with the RF Ministry for Economic Development and Trade;

in the established instances petitions the court that a debtor be deemed to be bankrupt;

performs the functions of an empowered body representing in bankruptcy cases and bankruptcy procedures the claims concern ing mandatory payments and the Russian Federations claims con cerning financial liabilities, including the participation in creditors meetings, filing complaints of the actions of bankruptcy commis sioners, and filing claims and petitions, etc.;

prior to participating in a creditors meeting, the agenda of which contains the issue concerning the choice of a bankruptcy proce dure, requests the opinion of a corresponding body of executive authority of a RF subject and a local self government body;

submits to the bodies of executive authority of RF subjects and local self government bodies, on their request, the information concern ing the bankruptcy procedure being applied to a debtor, the bank ruptcy commissioner appointed by the arbitrage court, the process of implementing the bankruptcy procedure, and the debtors finan cial status;

jointly with the RF Ministry for Economic Development and Trade, annually submits to the RF Government the information concerning the number of bankruptcy procedures and proposals concerning the implementation of the state policy in the sphere of financial re covery and bankruptcy;

The RF Ministry of Justice:

performs the functions of a regulating body executing control over the activity of self regulating organizations of bankruptcy commis sioners;

implements the powers for forming the boards for organizing and conducting a theoretical examination according to a single program for training bankruptcy commissioners;

The RF Ministry for Economic Development and Trade:

coordinates the decisions concerning the feasibility (or non feasibility) of filing a petition that debtors belonging to Categories A and B be declared bankrupt;

jointly with the FSFRB of Russia, annually submits to the RF Gov ernment the information concerning the number of bankruptcy pro cedures, as well as that regarding the implementation of the state policy in the sphere of financial recovery and bankruptcy;

The Ministry for the Management of State Property of Russia:

executes the powers of a representative of the owner of a debtors property a federal state unitary enterprise during the implemen tation of bankruptcy procedures, except in the instances when by decision of the RF Government the said powers are delegated to another federal body of executive authority or to a juridical or physi cal person;

The Interdepartmental Commission:

determines the feasibility of filing a petition that debtors belonging to Categories A and B be deemed to be bankrupt.

In 2004, the balance of forces between the bodies of authority as regards the sphere of regulation and practical application of bankruptcy procedures underwent a fundamental change. By Edict of the RF Presi dent of 09.03.2004 No. 314 On the system and structure of the federal bodies of executive authority, the following measures were envisaged:

the abolition of the FSFRB and the Ministry for the Management of State Property of Russia;

the formation of the Federal Agency for Managing Federal Property and the transfer to it of some of the FSFRBs functions;

the transfer to the RF Ministry for Economic Development and Trade the functions of adopting normative legal acts in the FSFRBs established sphere of activity;

the transformation of the RF Ministry for Taxes and Levies into the Federal Tax Service;

the transfer to the Federal Tax Service of the FSFRBs functions of representing the interests of the Russian Federation before credi tors in bankruptcy procedures.

In accordance with the said Edict, by Decree of the RF Government of 07.04.2004 No. 187, the func tions of developing the state policy and normative legal regulation were delegated to the RF Ministry for Economic Development and Trade, including in the sphere of organizations insolvency (bank ruptcy);

by Decree of the RF Government of 08.04.2004 No. 200, the func tions of executing, during bankruptcy procedures, the powers of the owner of a debtor property a federal state unitary enterprise were delegated to the Federal Agency for Managing Federal Prop erty.

By Decree of the RF Government of 29.05.2004 No. 257 (hereinafter Decree No. 257), it was established that prior to the transformation into the Federal Tax Service, the empowered agency responsible for repre senting, in bankruptcy cases and bankruptcy procedures, the claims in respect to mandatory payments and other claims of the Russian Fed eration concerning financial liabilities shall be the RF Ministry for Taxes and Levies (MTL). Also, the said document recognized the following as null and void:

the paragraph in Decree No. 100, stipulating that the empowered agency representing, in bankruptcy cases and bankruptcy proce dures, the claims in respect to mandatory payments and other claims of the Russian Federation concerning financial liabilities shall be the FSFRB;

Decree No. 218;

Decree No. 688.

Finally, Decree No. 257 approved the Provision on the procedure for presenting claims concerning the liabilities to the Russian Federation in bankruptcy cases and bankruptcy procedures, wherein, in particular, the following was stipulated:

in the event of a debtor having failed to satisfy the Russian Federa tions claims in the amount established by the Law on bankruptcy, the empowered body, in the established period, makes the decision concerning the petitioning to the arbitrage court that the debtor be deemed to be bankrupt;

the procedure for making the decisions concerning the recognition, as bankrupt, of a debtor included in the list of strategic enterprises and organizations is to be established by the RF Ministry for Eco nomic Development and Trade;

the procedure for the choice of a SRO by an empowered body, when filing a petition against a debtor with the arbitrage court, is to be established by the RF Ministry for Economic Development and Trade;

the empowered body, when participating in a creditors meeting, votes in the procedure established by the RF Ministry for Economic Development and Trade;

the empowered body, prior to participating in a creditors meeting, the agenda of which contains the issue concerning the choice of a bankruptcy procedure, requests the opinion of a corresponding body of executive authority of a RF subject and a local self government body in respect to the application of bankruptcy pro cedures and the process of implementing the bankruptcy proce dure;

the federal bodies of executive authority, the bodies of executive authority of RF subjects and local self government bodies have the right to request from the empowered body the information concern ing the process of implementing bankruptcy procedures;

the empowered body, on a quarterly basis, submits to the RF Minis try for Economic Development and Trade and the RF Ministry of Fi nance the information concerning bankruptcy cases and bank ruptcy procedures;

the empowered body, once in a half year, submits to the RF Minis try for Economic Development and Trade analytical and statistical reports, as well as other information, on the Ministrys request, no later than 30 days after the date on which the request was received.

As a brief summary of the information presented above, the Table shows the distribution of the main functions and powers regarding the regulation and practical implementation of the institution of bankruptcy between the bodies of executive authority as of 1 January and 1 June of the current year.

Table Assignment of main functions and powers on regulation and implementation of the institution of bankruptcy between executive power agencies Functions 01.01.2004 01.06.General regulation, RF Ministry for Economic adoption of normative FSFRB Development and Trade legal acts MTL* in respect to Category A procedure for making deci debtor by RF Government, Making decisions sions as to debtor included in Chairman of RF Government, concerning petitions list of strategic enterprises or, by latters commission, by that debtor be and organizations being Deputy Chairman of RF Gov deemed to be bank deemed to be bankrupt is ernment, in respect to Cate rupt established by RF Ministry for gories B D debtors by Economic Development and FSFRB Trade FSFRB MTL concerning choice of bank concerning choice of bank ruptcy procedure with re ruptcy procedure with re Voting at creditors gard to opinion of body of gard to opinion of body of meetings executive authority of RF executive authority of RF subject and local self subject and local self government body government body Execution of powers of owner of debtors property federal RF Ministry for the Manage Federal Agency for Managing state unitary enter ment of State Property Federal Property prise during imple mentation of bank ruptcy procedures Control over SROs RF Ministry of Justice RF Ministry of Justice activity * Hereinafter prior to the moment of being transformed into the Federal Tax Service.

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