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Проблемы банкротства трансграничных групп в России и за рубежом
Гл. 4. С. 49–56.
Закалюжная Н. В.
The publication analyzes Russian, international, regional legislation, as well as the practice of its application on insolvency and cross-border insolvency, which allowed us to propose ways to unify legislation in this area.
Mokhova E., Закон 2026 № 8 С. 156–178
The article is the second part of the study of the responsibility of foreign directors in the bankruptcy of foreign companies, where the issue is raised for Russian main and secondary (local) insolvency proceedings It is concluded that bringing foreign directors to subsidiary (vicarious) liability is justified in the main insolvency proceeding, but is not ...
Added: August 31, 2026
Mokhova E., Закон 2026 № 7 С. 172–192
The article is the first part of a study of the foreign directors responsibility in the bankruptcy of foreign companies, which analyses he European approach, the international standard of UNCITRAL and foreign experience on this issue. The problem is considered through the prism of the concept of internationalisation of the responsibility of the debtor’s directors to ...
Added: July 27, 2026
Kuraksa D., Костин А. А., Journal of Private International Law 2023 Vol. 19 No. 1 P. 113–135
The article examines the question of admissibility of recognition of foreign judgments on commencement of bankruptcy proceedings on the basis of international treaties on legal assistance. It examines the background of these international treaties, as well as the practice of their application in respect of this category of foreign judgments. The authors conclude that foreign ...
Added: February 19, 2026
Mokhova E., Корпоративный юрист 2025 № Спецвыпуск
The article discusses the issues of international legal assistance provided by Russian courts in requesting information about debtors' foreign assets. ...
Added: November 18, 2025
Трансграничные банкротства. Доступ к банкротству иностранных компаний: зарубежный и российский опыт
Mokhova E., М.: Статут, 2025.
The book is devoted to the problem of access to insolvency (bankruptcy) of foreign companies in Russia, analyzed through the prism of foreign experience and international standards of cross-border insolvency. The research is based on the idea that cross-border insolvency is a special institut with a special legal doctrine, special regulation, and inherent patterns of development determined by the ...
Added: October 16, 2025
Getman-Pavlova I. V., Юрайт, 2024.
The publication sets out the main provisions of the general course on private international law. The General Part considers the issues of the theory of private international law – concept, subject, system, method, sources. The main attention is paid to the issues of conflict of laws and the specifics of law enforcement in private international ...
Added: March 3, 2025
Mokhova E., Корпоративный юрист. Специальный ежегодный выпуск с Forward Legal и Bankro.TECH 2024
The article deals with the issue of the legal basis for bringing foreign controlling persons to subsidiary liability both in bankruptcy cases of Russian companies and in bankruptcy cases of foreign companies. The issue of correlation between lex concursus and lex societatis is investigated. The prospects of bringing foreigners to subsidiary liability in main and ...
Added: November 2, 2024
Mokhova E., Ведомости 2024 № 22 октября
The author comments on the draft agreement on cross-border insolvency for the Commonwealth of Independent States (CIS) developed by the Ministry of Economic Development of the Russian Federation ...
Added: October 28, 2024
Getman-Pavlova I. V., М.: Юрайт, 2025.
The publication sets out the main provisions of the general course on private international law. The General Part considers the issues of the theory of private international law – concept, subject, system, method, sources. The main attention is paid to the issues of conflict of laws and the specifics of law enforcement in private international ...
Added: August 4, 2024
Mokhova E., Вестник экономического правосудия Российской Федерации 2024 № 6 С. 134–177
The article analyses the problem of bankruptcy of foreign legal entities from the point of view of the theoretical foundations of cross-border bankruptcy, international standards in this area, as well as through the prism of the development of court practice in Russia. The second part of the article is devoted to the Russian experience of ...
Added: June 11, 2024
Mokhova E., Вестник экономического правосудия Российской Федерации 2024 № 5 С. 107–136
The article analyses the problem of bankruptcy of foreign legal entities from the point of view of theoretical foundations of cross-border bankruptcy, international standards in this area, as well as through the prism of the development of law enforcement practice in Russia. The first part of the study characterises the internationally recognised taxonomy of bankruptcy ...
Added: May 24, 2024
Mokhova E., Закон 2023 № 1 С. 114–139
The article raises the question of the cross-border effect of foreign bankruptcy in Russia and whether it is possible to adapt the Russian legal tools to solve the problems of special bankruptcy recognition. The finality of foreign judgments is analysed in detail. It is concluded that the finality criterion is poorly suited for bankruptcy cases. ...
Added: January 26, 2023
Mokhova E., Закон 2022 № 10 С. 112–138
The article raises the question of which international treaties can be considered as a condition for the recognition of foreign court decisions commencing the bankruptcy proceeding. It is concluded that international treaties on legal assistance in civil cases were not created as a tool suitable for ensuring the cross-border effect of collective proceedings. Foreign court ...
Added: November 8, 2022
Костин А. А., Закон 2022 № 5 С. 75–92
The paper addresses the issue of whether it is possible to recognize foreign judgment on opening of insolvency proceedings under the international agreements on assistance in civil cases. Based on the analysis of the doctrine, as well as foreign and Russian law enforcement practice (up to 2000), the author comes to the conclusion that a ...
Added: October 5, 2022
Mokhova E., Закон 2022 № 9 С. 122–137
The article is the second part of the study devoted to the problems of the cross-border effect of bankruptcy. The article reveals various models and features of insolvency-specific recognition used in foreign law, as well as in the international standards developed by UNCITRAL in the Model Law on cross-border insolvency. The author identifies two main vectors in the development of insolvency-specific recognition: ...
Added: October 4, 2022
Елена Мохова, Закон 2022 № 8 С. 121–136
The author raises the problem of interests’ balance between foreign collective proceeding, on the one hand, and the interests of the recognizing state and its creditors, on the other. The search for such a balance has led to modern legal landscape in cross-border insolvency, which provide for a controlled multiplicity of proceedings (main and non-main ...
Added: August 31, 2022
Костин А. А., Арбитражная практика для юристов 2021 № 8 С. 108–111
Отсутсвует ...
Added: October 27, 2021
Костин А. А., Вестник гражданского права 2021 Т. 21 № 1 С. 197–215
The article addresses the special features of avoidance transactions of a foreign insolvent debtor for alienation of property within Russian Federation. The author argues that the power of the foreign insolvency administrator to bring a claim to challenge the transaction stems from the Arts. 1195 - 1197 and 1202 of the Civil Code of the ...
Added: October 27, 2021