Book chapter
Преступления в сфере банкротства: некоторые проблемы правоприменения
The author analyses artickes 195, 196 and 197 of the Russian Federation Criminal Code, devoted to illegal actions that accompany a debtor's bankruptcy, and cocludes that these articles are not sufficient to combat all fraudulent actions in this sphere. The application of articles 159, 160 and 303 of the Criminal Code also doesn't solve the existing problems. That is why the author proposes to penalize actions on the application of knowingly non-existing claims in bankruptcy.
In book
Importance Under current economic conditions with the need of analyzing and identification the ways of the firm sustainable development, it is necessary to develop new tools and methods of economic and finance decision making. In this regard, problems of improving the existing conceptual and methodological basis of the firm financial viability analysis are very actual. Objective Aiming at the development of existing tools and methods for the analysis of financial sustainability, the article attempts to study the content of the term, as well as the composition, purpose and content of the main elements of the proposed integrated framework for the firm financial sustainability analysis. Methods In the paper, we used the method of historical and logical generalization in the aim of the firm financial sustainability definition. Previously obtained results of using the methods of hierarchies analysis and econometrics serve as a basis to justify the need to develop the basic elements of the new methods of the analysis. Results The article concerns the necessity of the using, along with the term of bankruptcy, the definition of the firm financial sustainability in the system of the economic analysis. Disclosure of the complex nature and structure of the term can explain the rationality and ways of existing analysis tools and methods development, as well as the composition of new methodological elements of the firm financial sustainability growth justification and choosing. Conclusions and Relevance. It is concluded that it is necessary to make on the basis of the proposed general scheme the detailed testing of the updated methods of analysis of financial solvency in a variety of industry applications.
Problems: 1) complexities of an estimation of legitimacy of actions of heads of the credit organization («Risk business»); 2) high degree blanket norms of criminal law; 3) absence of an accurate regulation of the civil-law mechanisms directed on protection of interests of creditors of the credit organizations, and, as consequence, 4) impossibility of an establishment of special norms it is criminally-legal protection right creditors of the credit organizations, in view of accecorn the nature criminally-rules of law.
This title is an excellent source of general information regarding the enforcement of judgments and arbitration awards in over 75 foreign jurisdictions.
Written by experienced local lawyers, it is an aid to understanding the standards applicable when determining whether a judgment will be recognized and enforced. Chapters devoted to each country provide detailed commentary on recent cases that illustrate:
Current law Execution proceedings Costs Availability of an appeals process Time limitationsYou'll also find coverage of procedural requirements involving the extent of damage awards, finality of judgment, reciprocity, and limitations.
The author touches upon questions of correspondence between the Civil Code of the Russian Federation rules in their amended edition and the Federal Law of 26 October 2002 # 127-FZ “On Insolvency (Bankruptcy)”. Such issues as the order of a insolvency administrator’s appointment in the procedures of compulsory corporate liquidation and reorganization, establishing creditors’ claims based on subscription agreements, the effect of a court bail in bankruptcy are considered in the article.
The implementation of the uniform approach to the legal regulation of transnational bankruptcies is problematic in several ways, such as differences in national bankruptcy legislayion and lack of recognition of of other state`s authorities acts. Nevertheless, this chapter shows that the difficulties can can be overcame with the proper i,plementation of bankruptcy procedures.
This book is devoted to the international dispute resolution in various contexts.
The present paper is aimed at identifying legal barriers to effective organization of a corporation’s management within pre-bankruptcy period. At the moment, there is a lack of legal regulation of interaction between corporate management bodies in case when temporary financial difficulties can be overcome due to efficient management policy. Reformation of bankruptcy legislation reflects search for the best model of distribution of rights and obligations within a corporation at the stage of bankruptcy predication. However, the conducted study shows that the proposed model is not logical enough. The analysis of the recently introduced innovations reveals that bankruptcy legislation still does not take into account the subtleties of corporate legislation and the specifics of the position of sole executive body (or the "head of the debtor" in the terminology of the Bankruptcy Act) in the corporate management system. The authors discover insufficiently clear definition of the subjects of responsibility for late submission of bankruptcy petitions. Besides the reforms leave out of account the difference in the issues of convening an extraordinary general meeting in different types of corporations. The research covers the issues of protective mechanisms encouraging a corporation’s managers to adopt proactive bailout measures.
The article considers features of carrying out a procedure of restructuring a debt of a citizen who is not an individual entrepreneur in bankruptcy case. Purpose: to study the rehabilitation nature of the structuring procedure based on distinguishing its stages. Methods: analytical and system methods, comparative and legal, technical and legal methods are used. Results: legal consequences of introducing the procedure of restructuring a debtor’s debt allow him to stabilize his financial position and to save his property to meet creditors’ requirements. Actions of a financial manager, first of all, are aimed at providing creditors with a right to take part in the case of the debtor’s bankruptcy. In their turn, creditors are recommended to act with due care and discretion to keep an opportunity to participate in settling the debtor’s legal destiny. The law has additional provisions protecting rights of creditors of the first and second order, and also creditors’ rights referring to the current liabilities, the debt to which shall be repaid before the approval of the debt restructuring plan. Conclusions: having introduced the institute of citizens’ debts restructuring, the Russian legislation legally enables debtors to pay debts during a long term and to keep their property at the same time. Giving an opportunity to choose a bankruptcy procedure applied to debtorsconsumers depending on their liabilities, income and size of debts, the legislator purposes to protect the debtor from loss of property and from psychological stress, thereby strengthening social and economic infrastructure.