Economic Expedience of Certain Procedures of Insolvency Institute (Bankruptcy): Statistical and Legal Aspect
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).
KeywordsProcedures of bankruptcy Absentee debtor Financial recovery External management Realization of property Debts restructuring Amicable agreement
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