Abdurakhmanov S.Kh. Conflicts of Law Enforcement on the Stage of Obsevations in the Insolvency Process (Bankruptcy)

DOI: https://doi.org/10.15688/jvolsu5.2016.3.11

Samir Khidzhran ogly Abdurakhmanov
Postgraduate Student, Department of Civil and International Private Law,
Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. In this article the author studies the issues of the current legislation on insolvency (bankruptcy) caused by the dynamic development of this legal institution and associated with its multi-stage phased procedure, initial stage of which is a procedure of observation. This procedure introduced by the arbitration court against the debtor after the acceptance of the application on recognizing the debtor bankrupt in the production and recognition application is granted. The author studies the case of Germany, which, according to the author, to a greater extent meets the needs of the participants of bankruptcy proceedings initiation of proceedings and the introduction of the basic procedure more quickly by high concentrations of evidentiary material to either support or deny the presence of signs of insolvency. It is concluded that under the bankruptcy Law of the Russian Federation a procedure of observation gets behind compared to the German model, since it takes a relatively long time, resulting in increased costs, which at the termination of the proceedings on bankruptcy are often recovered from the applicant – creditor. It is proved that the purpose of this procedure can be achieved at the stage of initiation of proceedings, which suggests that the observation procedure of the debtor should be recognized excessive.

We study the problem of enforcement of rules on the insolvency (bankruptcy) regarding the coherence of the work of the Federal bailiff service, the court of arbitration and arbitration Manager for bankruptcy. It is established that the bankruptcy Act recognises only one ground for suspension of the enforcement procedures – the arbitration court on the introduction of monitoring procedures. In this regard, it is concluded that to solve this problem, its advisable to include the Federal bailiff service in the face of the Department, acting at the place of residence of the debtor, in structure of the persons participating in manufacture on business about bankruptcy at the initial stage before the introduction of the basic procedure in the case. As a person participating in the bankruptcy case of the Federal bailiff service will be competent to receive judicial acts of the arbitration court and accept on the basis of their respective enabling legislation that will reduce the probability of making contradictory acts and coherence between the subjects of relations in the field of bankruptcy.

Key words: insolvency (bankruptcy), legislation about insolvency (bankruptcy), bankruptcy procedure, supervision, financial improvement, external management, competition production, arbitrary manager.

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