Legal Features and Legal Novelties of Compensation for Losses Caused by Arbitration Managers at the Expense of Insurance Companies and Self-Regulating Organizations of Arbitration Managers in Russian Legislation
Автор: Smirnov A.I., Reva O.V.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 6 (77), 2025 года.
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The article reviews and evaluates of the current legal mechanism that makes it possible to compensate for losses intentionally caused by arbitration managers in insolvency cases of business entities. Special attention is paid to the difficulties that arise in the implementation of the process of collecting losses, namely: the insolvency of the arbitration manager, the financial instability of insurance companies, the presence in judicial practice of the concept of «exhaustion of the insurance limit» and the effect of articles of the Federal Bankruptcy Law fixing the amount of payment from the compensation fund of self-regulatory organizations depending on the date of recognition of debtors as insolvent (bankrupt). A legal toolkit is proposed to improve the current legal mechanism for compensation for damages.
Authorized body, arbitration administrator, business entities, insurance organizations, exhaustion of the insurance limit, self-regulating organizations, compensation for losses, calculation of interest, law on insolvency (bankruptcy), arbitration court
Короткий адрес: https://sciup.org/140313906
IDR: 140313906 | УДК: 346 | DOI: 10.52068/2304-9839_2025_77_6_120