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Legal status of the debtor enity in the Russian legislation

Journal: Science Journal "NovaInfo" (Vol.114, No. 1)

Publication Date:

Authors : ;

Page : 36-38

Keywords : BANKRUPTCY PROCEEDINGS; REHABILITATION; BANKRUPTCY; INSOLVENCY; COMPETITION LAW;

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Abstract

The article analyzes the legal status of the debtor in Russian law, the limits of the implementation of the rights of the debtor — a legal entity in certain procedures, used in bankruptcy, the effectiveness of the mechanisms of rehabilitation procedures. Statistical data on the percentage of satisfied claims to all claims of creditors declared in bankruptcy cases, on the number of bankruptcy cases filed in the Russian Federation are provided. An analysis is made of certain bankruptcy procedures provided for by Russian law, namely: supervision, financial recovery, spring management, bankruptcy proceedings and settlement. The motives of the leaders of debtors — legal entities in connection with which they are not interested in exercising the rights granted to them to rehabilitation procedures are analyzed. The problem of access of debtors — legal entities to rehabilitation bankruptcy procedures in connection with the high cost of such procedures and the imperfection of legal regulation mechanisms is considered. A legal entity is selected as a rehabilitation person. It is concluded that there is a need to reform the Russian bankruptcy law regarding the legal status of a debtor — legal entity to increase the effectiveness of rehabilitation procedures in bankruptcy.

Last modified: 2020-04-22 02:53:01