Abdurakhmanov S.H. Imperfect Legal Regulation Publication Information for Bankruptcy

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.24

Samir Hijran ogly Abdurakhmanov

Postgraduate Student, the Department of Civil and International Private Law, Volgograd State University, the Base Department of the 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: the article is devoted to the identification of the problems related to the practical implementation of the norms of the Federal Law “On Insolvency (bankruptcy)” and having the most direct impact on the operating efficiency of the professional subjects of bankruptcy relationships. For this purpose the author researches the difficulties arising from the legal regulation imperfection of publishing the information on bankruptcy cases. By using the methods of scientific knowledge, above all, the method of system analysis, it is found that the information on bankruptcy cases are open to the public, who has the right to monitor the going of the debtor’s case, and get to know the judicial acts and the managers reports. We study the range and nature of the information on bankruptcy cases which is subject to mandatory publication. Results: it is pointed out that publishing the information on bankruptcy in the official gazette “Kommersant” and Unified Federal Register of Bankruptcy Information is imperatively enshrined by the legislative will, whose violation entails the legal responsibility of the arbitration manager. This paper enumerates the information kinds subject to mandatory publication in the newspaper “Kommersant” and on EFRSB site. It is noted that the information subject to mandatory publication can also be published in other mass media, which include the republican, territorial, regional newspapers, and the municipalities publications. It is found that the system of publishing the information on bankruptcy is far from perfect and does not fulfill its functional purpose. By the example of the legal precedents the author has addressed the difficulties of practical implementation of the legal provisions that make up the system of publishing the information on bankruptcy. Conclusions: it is proposed to develop a Unified legal portal of insolvency (bankruptcy), which will be the only legal source for the publication of information on bankruptcy. As a specialized mass medium the portal will provide all the stakeholders with the opportunity to receive official information from the same source in a timely manner. It is proved that the development of such a system will significantly reduce the costs of publishing the information on bankruptcy and simplify the information search by the stakeholders.

Keywords: insolvency (bankruptcy), economic entity, bankruptcy proceedings, debtor, creditor, arbitration manager, Unified Federal Register of Bankruptcy Information, Unified legal portal of insolvency (bankruptcy).

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