Правовые формы делегирования государством своих функций субъектам частного права в процессе несостоятельности (банкротства)

Abstract

The article deals with the issues of delegation of public functions by the state to a private entity in the process of insolvency (bankruptcy). The author comes to the conclusion that such delegation does not lead to the loss of public status by the transferred functions, at the same time, the entities implementing such functions (meetings of creditors, arbitration managers) act on their own behalf, and not on behalf of the Russian Federation, and pursue not public, but exclusively private interests. This is the fundamental difference between the issues under study and other public procedures, in which the state also delegates public functions to private entities (for ex-ample, if we talk about arbitration proceedings, these are arbitration assessors, in criminal proceedings – ju-rors), but such entities do not realize a private interest, but a public one. Conclusion dwells upon the fact that the delegation of state powers to private entities in the field of insolvency (bankruptcy) occurs in the form of "trans-fer", i.e. the powers are transferred to the recipient in full, while the state retains only the control function. Thus, the delegation of authority in the field under study differs from, for example, a notary, where, by transferring certain powers to notaries, the state reserves part of the authority to perform notarial actions.