Court decision
A creditor body, SRO or eligible case participant relies on a statutory ground.
Concrete facts
Dates, duties, records, consequences and the link to the applicant’s rights are required.
Not every breach
A minor defect without material harm may be insufficient on its own.
Release and removal differ
| Mechanism | Ground | Meaning |
|---|---|---|
| Release | The administrator’s application or another statutory event | Termination without a necessary finding of misconduct |
| Removal on complaint | Improper performance, affected rights and statutory consequences | Court response to a proven failure |
| Creditor-initiated removal | A motion of the meeting or committee where the statute permits | Court appointment of a replacement |
| SRO or disqualification route | Special grounds under Article 20.4 | Loss of required status or another statutory event |
What an application should show
- Case number, procedure and appointment period.
- Applicant’s standing and affected right.
- The exact duty and legal provision.
- The act or omission, dates and records.
- Actual or possible losses and other consequences.
- Requested relief and served supporting documents.
Proportionality
The Supreme Court’s review of 11 October 2023 explains that immaterial breaches causing no significant harm and no doubt about good faith, independence or competence should not automatically result in removal. Other statutory circumstances may require replacement regardless of the overall quality of work.
After the order
A removal order is immediately enforceable and may be appealed. The court appoints a new administrator under Law No. 127-FZ. Reversal does not automatically restore the former administrator. Transfer of records, assets and access should be documented.
Frequently asked questions
Can one creditor apply?
Yes where it has standing and proves a statutory ground.
Must the SRO be approached first?
Not in every case; court and disciplinary routes have different purposes.
Is a late notice enough?
The court assesses duration, reason, consequences and materiality.
Can damages be claimed too?
Potentially, but a money claim has separate elements of proof.
Is the administrator restored after reversal?
Article 20.4 excludes automatic restoration in relevant situations.
Official sources
- Article 20.4 of Law No. 127-FZ;
- Article 145 of Law No. 127-FZ;
- Supreme Court review of 11 October 2023.
Related guides: administrator liability, administrator SROs and case participants.
Need to assess a removal ground?
We can compare the alleged breach, records and consequences with current law and practice without guaranteeing an outcome.
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