Actual Problems of the Application of Bankruptcy Legislation in Courts of General Jurisdiction

Abstract

The study seems relevant because there is no uniform practice for certain categories of disputes related to the bankruptcy of individuals. The main purpose of this scientific article is to determine the features and current state of consideration of the analyzed category of disputes, identify current problems, and develop proposals for their resolution. The achievement of this goal is realized mainly through the solution of such tasks as the study of current legislation, the practice of the Supreme Court of the Russian Federation, the established judicial practice of courts of general jurisdiction, as well as arbitration courts. On the basis of general scientific and private scientific (comparative legal, technical-legal, formal-logical) methods used in this study, judicial conflicts and practice were analyzed, issues requiring legal solutions were identified, measures aimed at improving the current legislation were proposed. As a result, it will become obvious that the main issues on which such disputes arise are procedural in nature. The results of the study indicate the need to detail the legal norms on the jurisdiction of cases in the division of jointly acquired property of spouses, one of whom is bankrupt; jurisdiction of cases related to non-competitive contesting of transactions; jurisdiction of cases involving subsidiary liability when an organization is excluded from the Unified State Register of Legal Entities administratively.