Constitutional Court: Conditions for Access to Judicial Bankruptcy Procedure Show No Signs of Discrimination

The Constitutional Court considered a petition raising the issue of whether access to the judicial bankruptcy procedure depends on the category of creditor.

According to the applicant, this may result in different legal treatment of individuals in the same financial circumstances.

Having examined the materials, the Constitutional Court found that the contested provision does not contravene the Constitution. The Court noted that the legislation establishes uniform conditions for the application of the judicial bankruptcy procedure and does not restrict the categories of persons entitled to file a corresponding application.

The applicant’s arguments concerning a violation of the right to judicial protection were likewise not substantiated. The assessment of whether the courts correctly applied the law and the evaluation of the factual circumstances of the case, as requested by the applicant, do not fall within the powers of the Constitutional Court.

Accordingly, no grounds were found for accepting the petition for constitutional proceedings.