О некоторых проблемах очерёдности удовлетворения требований кредиторов по делам о несостоятельности (банкротстве) юридических лиц

Abstract

Relevance. The authors of the article describe the ratio of creditors' claims in cases of insolvency, analyze the current judicial practice and new law enforcement approaches of the Supreme Court of the Russian Federation in this area, draw a conclusion about the need to strengthen the scientific justification of these restrictions (ratios), draw at-tention to the gaps in the legislative regulation of restrictions creditor claims in bankruptcy cases. The purpose of the study is to identify and solve problems related to the ratio of claims imposed during the consideration of bankruptcy cases by arbitration courts, to make proposals on the issue under discussion. Objectives: consider the current legal regulation of the institution of subordination of creditors' claims in insolvency cases; analyze judicial acts; identify and solve problems related to the limits of subordination of claims, including the circle of creditors. Methodology. The methodological basis of the study is made up of general scientific and particular scientific methods of research: systemic, analysis and synthesis, the method of ascent from the concrete to the abstract, formal legal, as well as the method of comparative law. Results. As a result of the study, the main causes of the problem of the correlation (limitation) of creditor claims in the bankruptcy of legal entities and individual entrepreneurs were identified, the intended purpose of the subordination of these claims was determined, it was found that domestic legislation does not contain norms on reducing the order of satisfaction of creditors' claims when considering a case on bankruptcy. Conclusions. The existence of the institution of subordination of creditors' claims seems to be justified. At the same time, the current legal regulation regarding the limits of application of the mechanism under consideration is imperfect. The lack of legislative regulation gives rise to many problems when considering specific cases by the courts, related to bankruptcy The authors consider it necessary to supplement Russian legislation with norms on the issue under discussion.