Protection of Natural Persons with Regard to Extrajudicial Bankruptcy Procedure from Unfair Actions of Creditors in the New Law
( Pp. 63-67)

More about authors
Rudolfovich Zagaynov Mikhail Cand.Sci.(Econ.), Senior Lecturer, Departament of legal regulation of economic activity, faculty of law
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Abstract:
Abstract: Purpose of the study: The article draws a comparison of protection of natural persons with regard to extrajudicial bankruptcy procedure from unfair actions of creditors in the existing legislation and in the new wording of the law. The purpose of the study is the establishment and identification of wide-spread ways of abuse on the part of creditors in case of extrajudicial bankruptcy procedure. Also an assessment of the new wording of the law is given from the standpoint of protection of debtors’ interests.
Conclusions: As a result of the study the author arrives at the conclusion that the new wording of the section on the extrajudicial bankruptcy of a citizen of the Federal Law N 127-FZ "On Insolvency (Bankruptcy)” of 26.10.2002 is more oriented towards protection of debtors, whereas the former wording was oriented towards protection of creditors’interests. The author makes the conclusion that such an approach to the write-off of debts will lead to abuse on the part of debtors.
How to Cite:
Zagaynov M.R. Protection of Natural Persons with Regard to Extrajudicial Bankruptcy Procedure from Unfair Actions of Creditors in the New Law // Gaps in Russian Legislation. 2023. Vol. 16. №6. Pp. 063-067. (in Russ.). EDN: JNAKYZ
Reference list:
Vavilov M.A., Lagernoy V.V. Current issues of extrajudicial bankruptcy of natural parsons // The Russian judicial system at the current stage of social development. 2022. [Electronic resource]. – URL: https://www.elibrary.ru/item.asp?id=50016957 (access date: 08/12/2023).
Evstafieva V.V., Novosardyan A.A. Features of the bankruptcy procedure in the USA // New technologies and technical means for the effective development of the agro-industrial complex, part 2 of volume, 2019 [Electronic resource]. – URL: https://elibrary.ru/item.asp?id=37659518 (access date: 08/12/2023).
Polin Yu.V. Extrajudicial bankruptcy as a new institution of civil law // Current problems of modern legal science and practice. 2022. [Electronic resource]. – URL: https://elibrary.ru/item.asp?id=50016957 (access date: 08/12/2023).
Frolov I.V. Institutional theory of insolvency and bankruptcy of citizens. Monograph//Justiceinform.2022. page.228-232.
Shaikhutdinov E.M. Extrajudicial bankruptcy of a citizen: some problems of legal regulation // Economy and Law No. 8 (535) 2021 page. 84-90. [Electronic resource]. – URL: https://www.elibrary.ru/item.asp?id=46370158 (access date: 08/12/2023).
Shestakova M.L. Extrajudicial bankruptcy of citizens: what are the benefits for debtors and what should creditors do // EZh-Lawyer No. 32 (1133) 2020, page. 12-13.
SHestakova M.L. Vnesudebnoe bankrotstvo grazhdan: v chem vygoda dlya dolzhnikov i chto delat kreditoram // EZH-YUrist № 32 (1133) 2020 g. str. 12-13.
Keywords:
extrajudicial bankruptcy, debtor, creditor, bailiffs, procedure..


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