BANKRUPTCY AND CRIMINAL PUNISHMENT
Bankruptcy does not cancel punishment. Collection rules nevertheless differ depending on whether the fine is the principal or an additional sentence.
Legal provisions checked on 6 September 2026.
A Criminal Fine Is a Sentence, Not an Ordinary Bank Debt
| Element | Source | Review |
|---|---|---|
| Penalty type | Judgment | Principal or additional |
| Payment period | Penal Enforcement Code | Start and end |
| Instalments | Court order | Schedule |
| Enforcement | Bailiff | Proceeding number |
| Civil claim | Decision and writ | Separate liability |
Read the operative judgment
The criminal case label does not identify each payment.
Separate the victim claim
Compensation and a criminal fine have different recipients.
Check the special deadline
Persistent evasion may have statutory consequences.
Can a criminal fine be discharged?
Bankruptcy alone neither releases a person from criminal punishment nor cancels the judgment. The Constitutional Court confirmed this in Judgment No. 46-P of 17 December 2025. Listing a fine among debts or completing asset realization therefore does not automatically end the duty to pay it.
Additional fines: the Constitutional Court rule
Paragraph 2.2 of Judgment No. 46-P establishes, pending legislative changes, that a criminal fine imposed as an additional punishment on a bankrupt individual is collected as a third-priority registered claim. This qualifies the special enforcement regime; it is not permission to discharge the balance.
It is wrong to say every criminal fine is always collected outside bankruptcy, or to treat a registered fine as an ordinary loan that must disappear. Identify the sentence type first, then assess collection in light of the Court’s position.
Payment deadlines and instalments
The general Article 31 rule in the Penal Enforcement Code is payment within 60 days after the judgment takes legal effect if no instalments apply. Where immediate full payment is impossible, the court may grant instalments for up to five years on application. Under part 3, the first instalment is due within 60 days after the relevant judgment or decision takes effect; later instalments are payable monthly by the last day of each subsequent month.
For a bankrupt individual’s additional fine, do not apply these provisions separately from Judgment No. 46-P, which also concerns Article 31(1) and (2). Prepare the criminal and bankruptcy decisions, income, property, dependant and payment evidence. Raise enforcement and scheduling questions before the competent court rather than relying on an oral arrangement with a bailiff.
Principal fines and evasion risk
Persistent evasion of a principal fine may lead to replacement of the punishment under statutory rules. An additional fine follows a different collection mechanism. Lack of funds or bankruptcy status should not be treated as a sufficient excuse for non-payment: paragraph 4 of Judgment No. 46-P expressly addresses this point. Seek assessment before missing a deadline.
Example: a fine and compensation in one judgment
A judgment imposes an additional RUB 300,000 fine and RUB 700,000 compensation to the victim. These are not one undifferentiated million-ruble criminal-case debt. The fine requires review of third-priority treatment under Judgment No. 46-P; compensation requires its own damage classification and bankruptcy rules. Payment of one amount cannot automatically be credited to the other.
A judicial fine is a separate measure
A judicial fine under Criminal Code Article 104.4 is imposed when a person is released from criminal liability in qualifying circumstances. It differs from a fine imposed as punishment by a conviction. Do not automatically transfer either Article 31’s 60-day period or the additional-punishment rule to it: check the deadline set by the court and the special procedure. Article 104.4 provides for consequences of non-payment, including cancellation of the judicial fine and criminal prosecution.
What to give the financial manager
Disclose the judgment, fine type, enforcement proceeding, approved instalments and actual balance. Attach payment evidence. Do not omit the fine because of its special nature; separately identify the victim’s civil claim.
Judgment Review
Bankruptcy of a convicted person · Criminal asset freeze
Frequently asked questions
Does third priority mean the fine is discharged?
No. Distribution priority and termination of punishment are separate questions. Judgment No. 46-P does not cancel the duty to serve the criminal sentence.
Can I agree instalments only with the bailiff?
An oral agreement does not replace a court decision. Article 31 instalments require judicial authorization; an additional fine in bankruptcy must also be assessed under the Constitutional Court judgment.
Does bankruptcy automatically clear a criminal record?
No. Bankruptcy status and procedure completion do not automatically extinguish or remove a conviction record. Criminal-law rules govern that issue separately.
Legal sources
Constitutional Court Judgment No. 46-P of 17 December 2025 (Russian) · Penal Enforcement Code Article 31 (Russian) · Criminal Code Article 104.4 (Russian) · Crime-related compensation
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