Violation of the balance of interests of the parties as an objective necessity of the procedure for declaring bankruptcy

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Introduction: currently, the idea of the need to achieve and maintain the balance of interests of the parties within the bankruptcy procedure is actively postulated in judicial practice. However, the author questions the correctness of the approach chosen by law enforcement officers, especially given the lack of the regulatory prerequisites for this. The analysis of the special law makes it possible to identify multiple cases of inequality of the parties to the relevant legal relations, with an unconditional justification of the political and legal reasons for the existence of such differentiated approaches. However, from the perspective of creditors and other interested parties, such regulation is only a manifestation of inequality, which is objectively inevitable, taking into account the specifics of the analyzed institution.

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Insolvency (bankruptcy), balance of interests, plurality of persons, conflict, equality, stages of bankruptcy, bankruptcy of citizens, bankruptcy of legal entities

Короткий адрес: https://sciup.org/149145418

IDR: 149145418   |   DOI: 10.15688/lc.jvolsu.2024.1.14

Статья научная