An separate dispute is a self-contained procedural issue within the main Russian bankruptcy case, resolved by a separate court order. It may concern creditor claims, disagreements, applications, motions and other matters governed by Federal Law No. 127-FZ. A separate civil claim outside the bankruptcy case is not always required.
Within the case
The dispute has its own material number but remains part of the main bankruptcy.
Participants
Those whose rights are directly affected participate in the particular dispute.
Court order
The result is an order appealed under special bankruptcy rules.
Articles 60–61 and the procedural rules checked on 21 October 2026. Sample wording is hypothetical.
Types of Separate Disputes
There is no single closed list. Typical disputes concern proof of claims, avoidance of transactions or auctions, the estate, distributions and expenses, liability applications and other statutory matters. Each category has its own rules on standing, evidence, time limits and court fees.
Participants
Besides the immediate parties, persons whose rights may be affected by the order may exercise procedural rights. The group does not necessarily include every participant in the main bankruptcy. The court verifies standing and may return an application made by an unauthorised person or outside the statutory mechanism.
Filing Steps
- Define the precise legal relief: allowance of a claim, return of property, resolution of disagreement or another statutory outcome.
- Identify the authorised applicant and the applicable special time limit.
- State the main case number and participants in the separate dispute.
- Attach evidence, calculation, proof of service and any required court fee.
- File electronically or with the court office and confirm the material number.
- Monitor orders: the court may request documents, hold a hearing or decide without summoning parties where permitted.
Timing and Form
Under Article 60, applications, disagreements, motions and complaints are generally reviewed within one month of receipt unless another rule applies. In specified cases the judge may decide without a hearing and sign the operative part. Article 60(2) provides special rules for obtaining the full reasons and calculating the appeal period.
Article 60(2) clarification: request a reasoned order within five days after the operative part is published, not after signature. Following that request, the court prepares the full order within five days of receipt; the appeal period runs from preparation of the full text.
If an appeal has already been filed against an operative-part order, Article 60 provides for the court to prepare reasons within five days. Reasoned appeal arguments may follow within fifteen days of that preparation; this period is excluded from the procedural appeal period. This special mechanism does not permit missing the initial appeal-filing deadline.
Appeals
An order resolving an separate dispute may be appealed within one month of issuance. The appellate judgment is generally open to cassation within one month after taking effect. Article 61 makes the appellate judgment final for specified categories, so the exact order and special rule must be checked before filing.
| Example | Governing rules | Key checks |
|---|---|---|
| Creditor claim | Procedure-specific rules and Articles 71, 100 or 213.24 | Deadline, basis, amount and evidence |
| Transaction avoidance | Chapter III.1 | Standing, ground, look-back period and remedy |
| Estate disagreement | Articles 60, 131, 213.25 and special rules | Ownership, exemption and creditor interest |
| Auction challenge | Auction rules, Civil Code and bankruptcy law | Breach, standing and consequence |
| Other procedural matter | Articles 60–61 and the Commercial Procedure Code | Jurisdiction, participants, time and fee |
Documents for the particular dispute
| Part | Provide | Purpose |
|---|---|---|
| Identification | Court, bankruptcy case and dispute-material numbers where available, parties and status | Link the filing to the correct dispute |
| Relief | The precise requested outcome and governing special provision | Distinguish proof of debt, property recovery and a complaint |
| Evidence | Timeline, transaction calculation, contracts, payments and service evidence | Make each argument verifiable |
| Procedural dates | Order, publication date, full text, submission and receipt records | Demonstrate compliance with the relevant period |
Sample request for a reasoned order
In case [number], separate dispute [material number if available], please prepare a reasoned order concerning [subject], whose operative part was published on [date]. My procedural status is [status]. Legal basis: Bankruptcy Law Article 60(2).
This is hypothetical request wording, not a completed appeal or a universal form. Identify the applicant, substantiate standing and file within the applicable period. A request for a hearing should explain which circumstances require discussion with participants.
Frequently Asked Questions
Is a separate civil claim required?
It depends on the relief. Many bankruptcy disputes are filed as applications within the main case under a special rule.
Is there always a hearing?
No. The law permits some matters to be decided without a hearing, while the court may schedule one on its initiative or a reasoned motion.
How long does review take?
Article 60 generally provides up to one month, but a special rule may set a different period.
When should a reasoned order be requested?
Where only the operative part was issued, request reasons within five days of publication. Do not substitute the signature date; check the special full-text and appeal rules in Article 60(2).
What is the appeal period?
Article 61 sets one month from issuance for isolated-dispute orders, subject to checking the specific statutory category.
Does a request for reasons replace an appeal?
No. These are different filings. Record publication and full-text dates, then calculate and observe the appeal deadline under the applicable rules.
Official Sources
- Article 60 of Federal Law No. 127-FZ.
- Article 61 of Federal Law No. 127-FZ.
- Article 223 of the Commercial Procedure Code.
- Plenum of the Higher Commercial Court Resolution No. 35.
- Supreme Court Plenum Resolution No. 40 of 17 December 2024.
Related guides: filing a creditor claim, auction challenges and transaction avoidance.
Need to Choose the Correct Procedure?
An initial consultation can identify the dispute type, applicant, deadline and evidence before filing.
BOOK AN INITIAL CONSULTATIONThis material is general information. The precise procedure depends on the relief, filing date and orders in the case.