Specifics of the Formation of the Institution of Bankruptcy of Individuals in the Russian Federation
( Pp. 51-55)
More about authors
Andrey A. Andreev
postgraduate student, lawyer, Chairman of the Council; Bodrov, Guzenko and Partners»
Moscow Bar Association «Andreev; Russian New University
Bodrov, Guzenko and Partners», Moscow, Russian Federation; Moscow, Russian Federation
Moscow Bar Association «Andreev; Russian New University
Bodrov, Guzenko and Partners», Moscow, Russian Federation; Moscow, Russian Federation
Abstract:
Purpose of the research. This article examines the history of the formation of the institution of bankruptcy of individuals in the civil law of the Russian Federation. The author has analyzed the main regulatory approaches, identified a number of problematic aspects in cases of insolvency of individuals at various stages of development of legislation, and identified its modern innovations. Results. The institution of bankruptcy of individuals was restored in the modern history of Russia, but its development took place with significant problems, which did not allow fully protecting the rights of citizens and taking into account the interests of creditors. The introduction of an extrajudicial bankruptcy procedure has become the pinnacle of the legal genesis of the institution of insolvency of individuals, but this situation carries certain risks for creditors and the state regarding a possible increase in abuse and fraudulent actions on the part of citizens. In the current situation, it is extremely important to further search for legal approaches that would minimize possible abuses of citizens and the use of fraudulent schemes during the implementation of personal bankruptcy procedures due to increased control by the state.
How to Cite:
Andreev A. A. Specifics of the Formation of the Institution of Bankruptcy of Individuals in the Russian Federation // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2024. Vol. 20. № 5. P. 51-55. (in Russ.) EDN: GCYEOW
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Kalinina E.V. Insolvency (bankruptcy): ways out of the financial crisis // Lawyer. 2002. No. 2. Pр. 52–59.
Stepanov V.V. Insolvency (bankruptcy) in Russia, France, England, Germany. M.: RSL, 2008. 204 p.
Khanak S.L. History of the development of the institution of insolvency (bankruptcy) in Russia // Law and Education. 2011. No. 2. Pр. 160–164.
Tsvetkova G.S. Institute of bankruptcy of individuals: world experience and Russian practice // Russian Entrepreneurship. 2016. T. 17. No. 15. Pр. 1727–1738.
Sherashenkova E.A. Comparative legal analysis of bankruptcy of individuals in foreign countries // Current problems of comparative law: theory and practice. 2017. Pp. 299–301.
Shishmareva T.P. Institute of Insolvency in Russia and Germany: monograph. M.: Statute, 2015. 332 p.
Keywords:
individual, citizen, insolvency, bankruptcy, law, norm, genesis..
