Abdurakhmanov S.H. Gaps and Conflicts of the Legislation on Insolvency (Bankruptcy) as a Prerequisite and a Consequence of Its Reforms

Samir Hijran oglu Abdurakhmanov

Postgraduate Student, Department of Civil and International Private Law

Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences

Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. ,  This email address is being protected from spambots. You need JavaScript enabled to view it.  

Introduction. In this article the author examines the gaps of the current legislation on insolvency (bankruptcy), caused by the dynamic development of this legal institution as the most effective measure to control problems associated with the financial difficulties of managing subjects. According to the author, the insolvency law is the most rapidly growing and changing area of Russian law.
The objective is to explore some of the most pressing unsolved legal problems in law enforcement related to the bankruptcy of legal entities, requiring scientific and theoretical understanding and the need for further improvement of civil legislation regulating the area of legal study. Results. As one of these problems will be the subject of scientific research, we study the validity of the need to replenish the register of creditors’ claims after the Court has determined the completion of the bankruptcy proceedings. Problems accompanying this situation are reviewed and commented in the article as an example of judicial practice of the Arbitration Court of the Volgograd region.
The author identified the imperfections of the provisions of the Bankruptcy Law, related to the legislative definition of a list of persons participating in a bankruptcy case, and formulated proposals to address them are designed to help address the problems associated with the practical contradictions and unresolved issues in the field of legal regulation of insolvency (bankruptcy).
Conclusions. The streamlined rules of the Bankruptcy Law define a list of persons participating in a bankruptcy case. The legislator is recommended to supplement paragraph 1 of Article 32 of the Act with reference to persons in respect of which applied to prosecute specified in paragraph 6 of Article 10 of the Law, and also to include representatives of the owner of property of the debtor - the unitary enterprise and the founders (participants) of the debtor in bankruptcy production.

Key words: insolvency (bankruptcy), entity, legislation on insolvency (bankruptcy), bankruptcy proceedings, competitive production, arbitrary, debtor, creditor.

Attachments:

Abdurahmanov.pdf URL: https://j.jvolsu.com/index.php/en/component/attachments/download/1514

676 Downloads