Lawyer Pavel PetrovLawyer Pavel Petrov

RURU ENEN

Bankruptcy of a Strategic Enterprise in Russia: Special Rules

In briefSection 5 of Chapter IX of Federal Law No. 127-FZ governs Russian strategic enterprises. Status depends on the published Government list, not a company label. Proceedings require aggregate claims of at least RUB 3 million and a six-month default. A competent federal authority participates, and special conditions govern a sale.

Check the official list

State ownership or defence work alone does not replace the statutory status check.

Special filing tests

The law uses a six-month default and an aggregate RUB 3 million threshold.

Public interests remain

Rehabilitation and sales must account for defence and state security.

Which entities qualify?

Article 190 covers specified federal unitary enterprises, federally owned joint-stock companies and defence-industry organisations. The special regime applies to entities on the Government list. Review the corporate register, ownership, operations and the current list before filing.

A large or regionally important company is not automatically strategic. General corporate insolvency applies unless the statutory category is established.

Core rules

IssueSpecial ruleEvidence
DefaultAt least six monthsDue date of each obligation
ClaimsAt least RUB 3 million in aggregateComposition and enforceability
ParticipantsCompetent federal authority participatesIndustry and authority
AdministratorAdditional Article 193 requirementsCandidate qualifications
SaleArticles 195–196 impose special conditionsEnterprise complex and buyer duties

Procedure and sale

The court verifies status and insolvency tests. Observation examines public contracts, strategic capacity, technology rights and restricted property. Rehabilitation and external administration may seek to restore solvency while preserving strategic functions.

A sale is structured to protect defence and security obligations. Property withdrawn from circulation follows a separate transfer procedure and cannot be sold as an ordinary asset.

Practical steps

  1. Check the entity against the current Government list.
  2. Prove the claim amount and six-month default.
  3. Identify the competent federal authority.
  4. Separate ordinary assets, the strategic complex and restricted property.
  5. Assess rehabilitation and external administration.
  6. Review sale conditions and buyer obligations.

See corporate bankruptcy, bankruptcy auctions and unitary enterprise insolvency.

Frequently asked questions

Is defence work enough?

No. The statutory category and published list must be checked.

What is the filing threshold?

Aggregate claims of at least RUB 3 million, together with the other statutory conditions.

Can assets be sold separately?

The answer depends on the strategic complex and the special sale rules.

Does a federal authority participate?

Yes, the competent federal authority is a participant in the case.

Does strategic status guarantee rescue?

No. It changes the process, not the outcome.

Official sources

Need to assess the special regime?

We can review status, claims and procedure without promising a predetermined result.

Initial consultation