Правовые вопросы погашения требований конкурсных кредиторов в контексте реформирования Федерального закона «О несостоятельности (банкротстве)»

Abstract

Introduction: despite its rather young age, the institution of bankruptcy is one of the most popular both in practical and doctrinal terms. In the mechanism of enforced liquidation of the debtor, bankruptcy is one of the most dynamically developing areas, but as a tool to satisfy creditors’ claims, the existing bankruptcy model is characterized by low efficiency. In this connection, it is necessary to turn the legislator’s attention to other, different from the existing, options for satisfying creditors’ claims. The author identifies the purpose of the study as a doctrinal justification of the consequences of satisfying the debtor’s creditors’ claims by third parties for more effective use of the existing mechanism for satisfying creditors’ claims within the framework of the bankruptcy institution. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of systematicity, analysis, and comparative law. Research results: the author’s position indicated in the work is based on the needs of the institution of bankruptcy. Based on the analysis of the current legislation and the established law enforcement practice, the author draws attention to the unjustified separation by the legislator of the legal consequences of satisfying the claims of various creditors: authorized bodies and other creditors, the shortcomings of the existing legal structures used to satisfy creditors’ claims are revealed. Conclusions: the author proposes to establish a single mechanism, including legal consequences, to satisfy the debtor’s creditors’ claims by third parties.