Financial and economic analysis as an instrument of carrying out judicial examination at investigating the cases of deliberate bankruptcy of legal entities
Автор: Sochneva E.N., Shadaeva V.T.
Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau
Рубрика: Право и социальные отношения
Статья в выпуске: 1 (7), 2018 года.
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Methodological aspects of judicial economic examination by hearing of cases of deliberate bankruptcy of legal entities are shown in the study. The aspiration of the firm to prove to be a bankrupt can be shown in a number of discrepancies of its financial accounting reports. The ability to reveal these discrepancies is the basis for the detection of precedent of fictitious bankruptcy. After identification of the fact about the possibility of deliberate bankruptcy it is necessary to reveal concrete signs of fictitious bankruptcy. Those can be the facts of premature payment which are carried out with violations of the legislation, transactions on disadvantageous conditions, unfairly heavy expenses of the company - alleged bankrupt, the increase in the volume of loans for workers; property conclusion out of the limits of the company, the organization of roguish schemes of work, the transfer of shares of property to other companies, crushing of the organization, etc. After that there has to be dredging of financial and economic documentation and its analysis. Economic analysis of the activity of the object is connected with the research of the reasons of prime cost growth, unreasonable growth of material stocks in a warehouse, the reasons of growth of volume of mutual offsetting and barter operations, the facts of deduction of the salary for employees of the enterprise or overexpenditure of the fund of compensation, the reasons of decrease in the income from realization, the existence of unprofitable contracts with a number of legal entities etc. The analysis of financial and economic activity of enterprise debtor is carried out by the search of traces of deliberate bankruptcy which is divided into two stages. The first stage includes the viewing of indicators showing the changes in the security of obligations of the debtor to creditors necessary during the check. At the second stage the conditions of carrying out transactions of the debtor for this period which changed the indicators of security of obligations of the debtor to the creditors are analyzed. In the last turn the expert opinion on the basis of which it is already possible to judge is produced, whether the bankruptcy is fictitious.
Economic crimes, investigation, judicial examination, financial and economic analysis, intentional bankruptcy
Короткий адрес: https://sciup.org/140224474
IDR: 140224474