Problems and prospects of legal regulation of the activities of the arbitration manager in the framework of bankruptcy procedures

Abstract

The subject of research of this article is the norms of substantive and procedural law governing the activities of the arbitration manager in the framework of bankruptcy procedures, as well as law enforcement practice for the organization of such activities. The object of the research is the legal relations arising in the bankruptcy proceedings in order to improve the debtor's financial health, achieve a balance of interests of all participants by endowing the arbitration manager with a special professional competence established by the bankruptcy legislation. The author reveals the contradictions that arise between theoretically fixed normative provisions and their practical implementation. The features and problems in the activities of the arbitration manager associated with the lack of legal regulation of the fundamental aspects of the activities of such a professional entity are identified. To conduct the research, the author used a methodology that includes an analytical review of regulatory legal and scientific literature on the subject of research, generalization of data, and the formation of proposals to resolve the identified problems. The main conclusions of this study concerned the importance of the institute of arbitration management, the legal status of the arbitration manager, the criteria of his interest in the legal relations under consideration for a balanced assessment of existing legislation, its problems and prospects for development in order to overcome the legal vacuum in the area under study. The result of the work is the original author's suggestions and recommendations. In particular, the definition of arbitration management is formulated; it is proposed at the legislative level to adopt a single Federal Law on the legal status and activities of arbitration managers, to create a state system of professional training of arbitration managers.