MODEL OF PROCEDURAL COORDINATION IN CASE OF INSOLVENCY (BANKRUPTCY) OF AN ENTERPRISE GROUP

Abstract

Abstract: there are no rules on the insolvency of erprise groups in Russian bankruptcy law. Traditional and generally accepted is the principle of “one debtor – one procedure”, which corresponds to the principle of isolation and autonomy of each legal entity. This approach does not correspond to the current economic environment, in which there are a large number of interconnected companies that form enterprise groups. This leads to an increasing number of problems in the bankruptcy sector, namely, to an increase in the number of insolvency cases of legal entities with a constant decrease in the percentage of satisfaction of creditors’ claims. In this regard, opinions are expressed about the need to introduce the regime of bankruptcy of enterprise group into Russian legislation. The purpose of this article is to study the enterprise group insolvency model, namely the procedural coordination model. The article provides a comprehensive analysis of procedural coordination and conducts a comparative legal study of those legislations in which this model is already used. The conclusion is made about the expediency of using the procedural coordination model instead of the substantive consolidation model and the need to introduce into the Russian bankruptcy legislation rules that fix the insolvency regime of debtors – members of an enterprise group.