Prospects for modern legislative re-forming of the institution of insolvency (banking) in Russia (at the present stage of legislation)

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The article discusses the prerequisites for reforming bankruptcy as an institution, analyzes procedural statistics for the period 2019-2022 and identifies as the main pain points actions of persons, controlling the debtor. A critical analysis of the draft law on amendments to the Bankruptcy Law is being carried out. The author considers the established law enforcement practice for compensation for harm caused by guilty actions, and analyzes the precedent created by the ruling of the Supreme Court of the Russian Federation of April 6, 2023. Based on the results of the study, a conclusion is made about the consequences of introducing the proposed changes to the legislation on insolvency (bankruptcy) and the compliance of the proposed changes with the list of instructions of the President of the Russian Federation on the issue of improving the institution of bankruptcy, proposals are made for a targeted revision of the bill and the introduction of a single simplified implementation procedure property.

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Insolvency, bankruptcy, debt, normative regulation, bargaining, arbitration manager, professional community, self-regulation, bill, lawmaking

Короткий адрес: https://sciup.org/14128774

IDR: 14128774   |   DOI: 10.47629/2074-9201_2023_2_183_192

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