LIABILITY FOR ABUSE OF RIGHTS WITHIN INDIVIDUALS’ BANKRUPTCY PROCEEDINGS
( Pp. 81-84)

Background: the new regulations concerning consumer bankruptcy came into force at 1st November, 2015. The draft took its effect is the result of longstanding discussion. In our opinion the special regulation concerning abuse of debtor’s and its creditors’ rights connected with bankruptcy proceedings and its forerunner is not enough developed through the new legislation. Studying the USA corresponding legislation the author came to the point that contemporary Russian legislation should be improved. Materials and methods: the author of the research uses the comparative method. The essence of the method is resolving different legal issues arising in one country using findings made as a result of legislation and court practice analysis concerning identical or compatible legal relationships in another country. Results: there is an opportunity to improve Russian bankruptcy legislation concerning different aspects. First - the abuse of individual rights connected with initiating bankruptcy proceedings for the purposes of obligations postponement, taking obligations for the purposes of other obligations which couldn’t be remitted repayment, charging the property, which could not be charged under civil procedural rules. Second - the abuse of individual’s creditors rights. Practical significance: practical importance of the findings made as a result of the research is very high in light of the fact that the consumer bankruptcy legislation has extra social significance from the standpoint of the economic crisis.

Korshunov I.S., (2015), LIABILITY FOR ABUSE OF RIGHTS WITHIN INDIVIDUALS’ BANKRUPTCY PROCEEDINGS. Gaps in Russian Legislation, 6 => 81-84.

Grazhdanskiy protsessual nyy kodeks Rossiyskoy Federatsii ot 14.11.2002 № 183-FZ (red. ot 06.04.2015) // Sobranie zakonodatel stva RF. - 2002. - № 46. - St. 4532.
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The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. 109-8, Apr. 20, 2005, 119 Stat. 23.
The Bankruptcy Reform Act of 1978. Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2549.

USA, bankruptcy, abuse of the right.