Some Problems of Application by Arbitration Court of Simplified Procedures in a Bankruptcy Case

Abstract

Introduction: the paper investigates the existing problems of the simplified procedure of bankruptcy of absentee debtors and those in liquidation. The parties of the simplified bankruptcy procedure are analyzed, as well as the consequences of the exclusion of persons participating in corporate relations from the USRLE are revealed. The purpose of the study is to systematically analyze the problems of the current legislation on bankruptcy in the framework of a simplified bankruptcy procedure. Methods: the methodology of this article is based on the general scientific approach of positivist materialism. The general scientific methods of cognition are applied: analysis, synthesis, the hypothetical-deductive method, induction; as well as specific scientific methods: legal-dogmatic, systemic, structural-functional. Results: it is proved that at present the legislation is not sufficiently regulated: legal acts do not take into account all the specifics and features of the simplified bankruptcy procedure. The existing methods of solving the problems provided by the law are not always effective; a particular difficulty arises when the debtor is a participant of corporate legal relations. Based on the experience of the arbitration law enforcement, it is proved that the persons controlling the debtor have the possibility of abuse of their right. Conclusions: the legal institution under consideration needs to be permanently improved taking into account the emerging uniformity of the judicial application of the bankruptcy rules. In the absence of institutional innovations in the field of bankruptcy in Russia it is impossible to create a competitive market environment, and moreover, it is impossible to improve the investment climate.