Новеллы Гражданского кодекса Российской Федерации и их влияние на процедуры банкротства
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 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.
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 limitations
You'll also find coverage of procedural requirements involving the extent of damage awards, finality of judgment, reciprocity, and limitations.
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 chapter is devoted to the analysis of the impact of the global financial crisis on the nascent housing market in Russia, which started developing less than 10 years ago. At the same time we make an attempt to estimate whether there were "bubbles" in this market. This chapter has the following structure.
It starts with an overview of the housing sector in Russia before the meltdown and analysis of the evolution of housing property rights. Next we look at both the supply side (housing stock and new construction) and the demand side of the situation in housing market before 2009. The section ends with a summary description of the situation in housing mortgage finance and affordability of housing, which is a big challenge for a developing housing market.
The second section analyzes the impact of the global financial crisis on the mortgage sector in Russia and highlights new trends in the housing sector. We focus on government anti-crisis measures in the housing market and the role of government-sponsored organizations. Two main areas of government intervention in the housing and mortgage markets are analyzed: state support of mortgage borrowers and the housing construction industry.
Next we raise the issue of the presence of housing bubble in Russia and analyze main determinants of housing price trends and their impact on housing market.
The chapter concludes with an outline of the housing and housing mortgage markets in Russia.
This book is devoted to the international dispute resolution in various contexts.
The article has been examining the ways of transformation of mortgage borrowers' everyday life as well as peculiarities of decision making under uncertainty and high risks closely related to house building and purchase dwelling. Our research is carrying out in Irkutsk since 2007. It shows that mortgage is not only "a school of financial competence". Mortgage is a mechanism of new responsibility's rising (through the person's internal motivation) and new social competence (through the recourse mobilization - personal and person's social network, self-organization and using new social practices). Thus mortgage is "a school of middle class".
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.