Институт банкротства физических лиц: практика и направления развития
The author adresses the first issues confronted by the courts while considering consumer bankrupty cases. THe following questions are analysed in the article: what summ of money is enough to finance the expenses of conducting a consumer bankruptcy case; when can a court introduce the procedure of debtor's property selling passing the debt restructuring procedure; setting the order of property allienation when the debtor is married; on the applicability of point 3 of article 137 of the Federal Law of 26/10/2002 # 137-FZ "On Insolvency (Bankruptcy)" in the process of determining the priority of creditors' claims.
The article analyzes the main legal acts regulating legal relations, associated with the peculiarities of bankruptcy of the developer as the owner of the land on which the construction was carried out, and not only that you have requirements on the transfer of residential premises or monetary requirements. It is emphasized that a potential creditor of the developer needs in order to minimize the risk of loss of funds to pay attention to a set of legal documents, related to the construction process, including to a new form permits its implementation.
The article contains general analysis of rules which will enter into force from 1 July 2015 and concern individual bankruptcy. The author analyses the legal status of financial manager, filing procedure as well as applicable bankruptcy procedures: debt restructuring, selling of property and conclusion of an amicable agreement. Separate attention is paid to the rights of secured creditors. The rules on individual bankruptcy in foreign countries are briefly stated.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.