Участники дела о банкротстве: кто есть кто?

Российский юридический журнал. 2021. № 6(141). С. 103–118.

Е. Н. Лукьянчикова

In the event of the debtor's bankruptcy, the interests of a significant number of subjects (creditors, employees, shareholders (founders), an owner of the property of a unitary enterprise, etc.) are affected. In fact, it is difficult and impractical to allow any person with any interest in the case to enter bankruptcy proceedings. In addition, it is necessary to take into account the following peculiarity of the bankruptcy proceedings: in the bankruptcy case, many separate disputes with various participants are considered. In theory and judicial practice, there are a lot of disputes regarding the range of persons involved in the bankruptcy proceedings, as well as the scope of their rights (both in the main case and in the separate disputes). The author analyses the norms of the Federal Law «On Insolvency (Bankruptcy)», the Arbitration Procedure Code of the Russian Federation as well as the judicial practice, and concludes that there are two separate groups of persons -those who participate in a bankruptcy case and those who participate in bankruptcy arbitration proceedings - due to the need to provide different scope of rights to the subjects of these groups. Persons who participate in bankruptcy arbitration proceedings have primarily information rights. The criterion for distinguishing between two groups of persons is a different level of their interest in the case. The author points out that the identification of the concepts «a person who participates in a bankruptcy case» and «a person who participates in a case», «a person who participates in bankruptcy arbitration proceedings» and «a person assisting justice» is incorrect. It is also noted that third parties are entitled to participate in bankruptcy proceedings - both in the main case and in the separate disputes, while the scope of their rights will be limited.

Keywords: банкротство, bankruptcy, третьи лица, third parties in arbitration, separate disputes on bankruptcy cases, persons, who participate in bankruptcy arbitration proceedings, persons, who participate in a bankruptcy case, лица участвующие в деле, лица, участвующие в процессе по делу о банкротстве, обособленные споры в деле о банкротстве