Osmanova D.O. Violation of the Balance of Interests of the Parties as an Objective Necessity of the Procedure for Declaring BankruptcyOsmanova D.O. Violation of the Balance of Interests of the Parties as an Objective Necessity of the Procedure for Declari
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.14
Diana O. Osmanova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law, Kutafin Moscow State Law University, Sadovaya-Kudrinskaya St, 9, 125993 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-6055-2857
Introduction: currently, the idea of the need to achieve and maintain the balance of interests of the parties within the bankruptcy procedure is actively postulated in judicial practice. However, the author questions the correctness of the approach chosen by law enforcement officers, especially given the lack of the regulatory prerequisites for this. The analysis of the special law makes it possible to identify multiple cases of inequality of the parties to the relevant legal relations, with an unconditional justification of the political and legal reasons for the existence of such differentiated approaches. However, from the perspective of creditors and other interested parties, such regulation is only a manifestation of inequality, which is objectively inevitable, taking into account the specifics of the analyzed institution. Methods: the study was conducted using logical, dialectical techniques and methods of scientific cognition, as well as the legal and legal-grammatical analysis of the texts of normative acts and materials of law enforcement practice. As a result of the study, the position on the objective impossibility of the existence of the balance of interests of the parties to the procedure for declaring bankruptcy, taking into account the plurality of persons involved in the procedure, the scale of the conflict existing between the parties and being the basis of the bankruptcy procedure, as well as other circumstances that determine the need to differentiate the status of the involved persons, is substantiated. As examples of such inequality, the author describes different subjects – the categories of debtors (the bankruptcy of citizens, credit organizations, etc.); the categories of creditors (registered and current, separate queues within the register of claims, the special status of the authorized body, etc.), as well as other provisions of the law that strengthen the “gap” in the legal status of different parties. Based on the results of the conducted research, the author proposes to confirm the idea of the impossibility of achieving the balance of interests of the parties within the bankruptcy procedure and to establish the most important categories of obligations (or parties) that must be satisfied primarily within the procedure for declaring bankruptcy.
Key words: insolvency (bankruptcy), balance of interests, plurality of persons, conflict, equality, stages of bankruptcy, bankruptcy of citizens, bankruptcy of legal entities.
Citation. Osmanova D.O. Violation of the Balance of Interests of the Parties as an Objective Necessity of the Procedure for Declaring Bankruptcy. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 105-111. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.14
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