Security Mechanism for Exercising the Rights and Legal Interests of the Debtor in the Process of Insolvency (Bankruptcy): Main Provisions
( Pp. 97-102)
More about authors
Mikhaylova Valeriya Igorevna
postgraduate student of the Entrepreneurial Law Department, Faculty of Law
Lomonosov Moscow State University
Moscow, Russia
Lomonosov Moscow State University
Moscow, Russia
Abstract:
To date, the institution of insolvency (bankruptcy) has begun to undergo changes in terms of the development of a rehabilitation function within the framework of out-of-court bankruptcy of citizens, the anti-sanction potential of the moratorium mechanism on filing an application for declaring a debtor bankrupt. In order to fully understand the rehabilitation properties of bankruptcy, it is necessary to consider the institution from the point of view of its ability to ensure the rights of subjects, in particular, debtors. In this article, the author presents the content of the concept of a security mechanism for the implementation of the rights and legitimate interests of a debtor declared bankrupt, using the example of organizations. The author comes to the conclusion that such a mechanism makes it possible to apply the norms of the Bankruptcy Law from the standpoint of the need for rehabilitation, guaranteeing and ensuring the rights of the debtor.
How to Cite:
Mikhaylova V.I., (2022), SECURITY MECHANISM FOR EXERCISING THE RIGHTS AND LEGAL INTERESTS OF THE DEBTOR IN THE PROCESS OF INSOLVENCY (BANKRUPTCY): MAIN PROVISIONS. Gaps in Russian Legislation, 7 => 97-102.
Reference list:
Federal Law No. 127-FZ, October 26, 2002 "On Insolvency (Bankruptcy)" // CL RF. 2002. №. 43. Art. 4190.
Gulyaev A.M. Russian civil law. SPb., 1913.
Dormidontov G.F. Legal fictions and presumptions. Classification of the phenomena of legal life, attributable to cases of the use of fictions. Kazan, 1895.
Meyer D.I. Russian civil law (in 2 parts). (Classics of Russian civil law). M.: Statute, 2003.
Olshanetsky A.B. Legal support of automated control systems. M., 1973.
Russian civil law: textbook. In 2 vols. T. 1 / Resp. Ed. E.A. Sukhanov. M.: Statute, 1998.
Savigny F.K. Von. The system of modern Roman law: In 8 vols. T. 2 / Per. with him. G. Zhigulina; Ed. O. Kutateladze, V. Zubar. M.: Statute; Odessa: Law Research Center. Savigny, 2012.
Salieva R.N. Legal support for the development of entrepreneurship in the oil and gas sector of the economy. Novosibirsk, 2001.
Sukhanov E.A. Legal entities as participants in civil legal relations // Civil law: textbook. M., 1998.
Gulyaev A.M. Russian civil law. SPb., 1913.
Dormidontov G.F. Legal fictions and presumptions. Classification of the phenomena of legal life, attributable to cases of the use of fictions. Kazan, 1895.
Meyer D.I. Russian civil law (in 2 parts). (Classics of Russian civil law). M.: Statute, 2003.
Olshanetsky A.B. Legal support of automated control systems. M., 1973.
Russian civil law: textbook. In 2 vols. T. 1 / Resp. Ed. E.A. Sukhanov. M.: Statute, 1998.
Savigny F.K. Von. The system of modern Roman law: In 8 vols. T. 2 / Per. with him. G. Zhigulina; Ed. O. Kutateladze, V. Zubar. M.: Statute; Odessa: Law Research Center. Savigny, 2012.
Salieva R.N. Legal support for the development of entrepreneurship in the oil and gas sector of the economy. Novosibirsk, 2001.
Sukhanov E.A. Legal entities as participants in civil legal relations // Civil law: textbook. M., 1998.
Keywords:
insolvency, bankruptcy, realization of rights, debtor, security, legal guarantees, security mechanism.
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