Issues Of Improving The Legislation On Insolvency (Bankruptcy) Cases In Russia

Abstract

The relevance of the study of the problem of improving the legislation on insolvency (bankruptcy) cases in the Russian Federation is due to the need to develop legislative norms that ensure the optimal legal regime. In this regard, this article is aimed at identifying and disclosing the trend of changes in the Russian bankruptcy law, taking into account the actual needs of the practice. The leading research method for this problem is the modeling method, aimed at the theoretical construction of state-legal phenomena and the establishment of provisions for rule-making. The article presents the positions of Russian experts in the current area of bankruptcy law, their criticism with access to specific proposals of legislative novels. The prospects for the development of Russian legislation on insolvency cases in the Russian Federation based on the interests of the creditor and debtor are revealed, the reserves for improving the legal regulation of the insolvency regime in the form of pre-trial procedures, the legislation of special subjects of insolvency (bankruptcy) relations are identified. The study showed that the main trend in improving Russian bankruptcy legislation is a change in the nature of regulatory regulation in its evolution from supporting the interests of the creditor to protecting the rights of the debtor, which is typical for changes in the legislation governing the bankruptcy of legal entities in other countries. The materials of the article are of practical value for specialists in the field of civil law, arbitration, experts in theory.