Елена Самтынова
Mopic / Depositphotos.com
Минэкономразвития России разработало проект приказа, устанавливающий дополнительные требования к операторам электронных площадок проведения торгов в электронной форме по продаже имущества или предприятия должников в ходе процедур, применяемых в деле о банкротстве. Отметим, что данные требования предлагается ввести взамен отмененных с 1 января 2021 года соответствующих пунктов требований в рамках «регуляторной гильотины». Согласно проекту документа1 оператор электронной площадки должен быть зарегистрирован на территории РФ в качестве юрлица или ИП. Оператор должен соответствовать следующим требованиям:
в отношении него не проводится процедура ликвидации и отсутствует решение (определение) арбитражного суда о введении процедуры в деле о банкротстве в соответствии с законодательством РФ о банкротстве; в отношении него отсутствуют сведения в реестрах недобросовестных поставщиков, ведение которых осуществляется в соответствии с законодательством РФ и вступившее в законную силу решение арбитражного суда о прекращении функционирования лица в качестве оператора электронной площадки.
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Кроме того, оператор электронной площадки должен владеть сайтом электронной площадки, электронный адрес которого включает доменное имя, права на которое принадлежат оператору электронной площадки, и обладать правами на программные и технические средства, на основании которых функционирует электронная площадка. Соответствующие поправки предлагается внести в приказ Минэкономразвития России от 23 июля 2015 г. № 495.
Вступление в силу приказа запланировано с 1 января 2021 года. Антикоррупционная экспертиза и общественное обсуждение проекта приказа Минэкономразвития России завершатся 21 июля.
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1 С текстом проекта приказа Минэкономразвития России «О внесении изменений в Требования к операторам электронных площадок, к электронным площадкам, в том числе технологическим, программным, лингвистическим, правовым и организационным средствам, необходимым для проведения торгов в электронной форме по продаже имущества или предприятия должников в ходе процедур, применяемых в деле о банкротстве» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/08/06-20/00105502).
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