Основания привлечения руководителя должника к субсидиарной ответственности за необращение в суд с заявлением о банкротстве: анализ тенденций арбитражной практики
The article is devoted to the analysis of complicated issues of liability of a chief manager of the company for breaching of a duty to file a bankruptcy petition. The author tries to systemize the developing court practice covering such issues as definition of the moment of creation of the obligation to file the petition, the evidence of insolvency of the company, the risks of breaching of the creditors’ rights as a result of trying to overcome the company’s difficulties. The issues of minimizing of such risks for the manager when the first signs of pre-insolvency appear within the normal course of business are also covered in the article.
The subject matter of the present article is the analysis of development of legal rules laying down the controllers' subsidiary liability in case of business entity's insolvency and its inability to satisfy creditors' claims. The article covers the issues concerning the grounds of the controllers' liability, the content of the offence committed by the controllers, the correlation of the legal rules laying down subsidiary liability.
European football in general and Spanish football in particular is experiencing huge financial difficulties. This paper analyzes Spanish clubs during the period from 2007 until 2011, using Altman’s models to classify clubs according to their Z-score values. Through these models, the determinants of the clubs’ poor financial situation are identified. The evidence suggests that Spanish football is in very poor financial condition. To improve its situation what is required is a substantial injection of capital funding through issuing shares or asking for substantial contributions from members, increasing revenues, reducing wages and salaries, and working to reduce current liabilities.
The author grounds the thesis on that when establishing the amount of subsidiary liability in bankruptcy cases the property status of the subsidiary debtor has to be taken into consideration. The relevance of an interim order institute is substantiated in the article.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/