Peculiarities of the Bankruptcy Proceedings Regulation

Abstract

In recent years, the law enforcement practice in bankruptcy cases has tended to increase the importance of the active role of the court in resolving court disputes. The paper discusses the causes and consequences of strengthening an active role of the court in relation to the specifics of bankruptcy proceedings. The author identifies the system levels of regulation of this type of legal proceedings and its place in the system of civil proceedings. The paper highlights the system-forming role of judicial practice that cumulates the biggest part of both the substantive and procedural features of such cases. The author summarizes and systematizes the points of view available in the doctrine concerning categorization of bankruptcy proceedings and gives her own opinion on this issue. The author concludes that strengthening the active role of the court in the bankruptcy proceedings is necessary to maintain a balance of interests and prevent abuse by the participants of the procedure. Consolidation of the active powers of the court at the legislative level can have a positive effect on reducing the time for consideration of such cases and increasing the percentage of satisfaction of creditors’ claims. At the same time, such consolidation will strengthen the specifics of bankruptcy proceedings, bringing them even closer to administrative proceedings.