Обеспечение баланса частноправового и публично-правового регулирования в процессе предупреждения банкротства с использованием мер, направленных на стимулирование должника к надлежащему исполнению обязательств
article is devoted to the questions connected with the
prevention of insolvency (bankruptcy). The special attention is paid to interaction of private and public law, achievement of balance between them. Purpose: the legislation regulating questions of bankruptcy, it is impossible to carry unambiguously to a source of public or private law, in communication than, the question of ensuring balance of the right private and public gains special relevance at regulation of the measures directed on restoration of solvency of the debtor. Stimulation to appropriate performance of obligations is one of guarantees of the prevention of bankruptcy. These measures to contain in sources both public, and private law.
Results: application of only one measures of civil character not always is sufficient. In article the attention to need of application of the integrated approach including both a private-law initiative of subjects, and measures of public character is paid.
In article it is analyzed a current state of system of ensuring financial stability of managing subjects in the Russian Federation, the requirement of development of measures for its improvement, in search of a reasonable ratio of private and public law is noted at implementation of measures of the civil and public character directed on the prevention of bankruptcy.
Authors analyze also stages of development of the legislation in this sphere, giving thus an assessment to occurring changes. The concrete measures directed on restoration of solvency of the debtor, both on judicial, and at a pre-judicial stage are considered. Methods: analytical and system methods, comparative and legal, technical and legal are used. Conclusions: unfortunately, today it is impossible to tell about the worked mechanism providing opportunity to restore solvency of the subject. These measures carry, as a rule, separate and not always effective character. In this regard, improvement of the measures directed on the prevention of bankruptcy, has important theoretical and practical value, both for managing subjects, and for the state as a whole.