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Economic Expedience of Certain Procedures of Insolvency Institute (Bankruptcy): Statistical and Legal Aspect

  • Alla A. PavlushinaEmail author
  • Ekaterina A. Anaeva
  • Larisa V. Levchenko
  • Andrey V. Loshkarev
  • Valeria M. Nikiforova
Chapter
Part of the Contributions to Economics book series (CE)

Abstract

The paper is devoted to topical issues of legal insolvency institute (bankruptcy) in the Russian Federation—in particular, the paper studies the issue on the procedures applied in cases of insolvency (bankruptcy). Economic expedience, legal certainty, and social & public significance of procedures applied in cases of insolvency (bankruptcy) are analyzed; at that, special attention is paid to statistical & legal aspects during study of the stated problem.

Besides, the problem of ineffective procedures applied in cases of insolvency (bankruptcy) of legal entities is viewed. The procedures applied in cases of insolvency (bankruptcy) of individuals and individual entrepreneurs are analyzed, with characteristics of positive and negative aspects in these procedures—of practical and theoretical nature.

The paper provides statistical data of work of arbitration courts of the RF which allows judging the effective use of certain procedures applied in cases of insolvency (bankruptcy) of legal relations subjects.

In particular, the authors think that procedures of bankruptcy of an absentee debtor should be liquidated, and the procedure of financial external management requires serious reformation—by consolidation of norms that regulate the above procedures into one.

Besides, the authors hope that amicable agreement is not a procedure applied in cases of insolvency (bankruptcy) of people but a means of termination of proceedings on a case of insolvency (bankruptcy).

Keywords

Procedures of bankruptcy Absentee debtor Financial recovery External management Realization of property Debts restructuring Amicable agreement 

References

  1. Arbitration procedure code of the Russian Federation No. 95–FZ dated July 24, 2002 (effective law)Google Scholar
  2. Decision of the Constitutional Court of the Russian Federation dated July 22, 2002, No. 14-P “On the case of verification of constitutionality of certain provisions of the Federal law “On restructuring of credit organizations”, Sub-articles 5 and 6, Article 120 of the Federal Law “Concerning Insolvency (Bankruptcy)” due to complaints from individuals, complaint from the regional public organization “Association of protection of rights of shareholders and investors” and complaint from Voronezh Design Engineering Bureau of Antennae and Feed Devices OJSC, SPS Consultant Plus 2016Google Scholar
  3. Federal law No. 127–FZ dated October 26, 2002 “Concerning Insolvency (Bankruptcy)” (effective law)Google Scholar
  4. Federal law dated August 8, 2001, No. 129-FZ “On state registration of legal entities and private entrepreneurs” (effective law)Google Scholar
  5. Kashirin А. Disposal from “dead souls”. EZ-Yurist. 2007. No. 2Google Scholar
  6. Vitryanskiy VV. Bankruptcy and liquidation in view of legal practice, Law. 2007. No. 7. P. 3; Dorokhina Е.G. Legal regulation of management in the system of bankruptcy, SPS GarantGoogle Scholar

Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  • Alla A. Pavlushina
    • 1
    Email author
  • Ekaterina A. Anaeva
    • 1
  • Larisa V. Levchenko
    • 1
  • Andrey V. Loshkarev
    • 1
  • Valeria M. Nikiforova
    • 1
  1. 1.Samara State University of EconomicsSamaraRussia

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