News of Moscow District Courts
G.F. Ruchkina Improving the Regulation of Compulsory Motor Vehicle Liability Insurance in the Area of Repairing Damaged Vehicles
The author examines the key issues and current aspects of the legislative regulation of compulsory motor vehicle liability insurance with regard to the repair of damaged vehicles. In particular, the author analyses the practice of applying legal norms, identifies gaps in the current regulatory framework, and proposes ways to improve the legislation. The aim is to enhance the efficiency of vehicle repair processes and better protect the rights of victims.
Keywords: vehicle, repair, insurance, balance of interests, abuse of rights, service station, guarantees, insurance compensation
DOI 10.46279/ASMO.2025.40.67.001
S.A.Karelina Association of Personsas a Sign of a Group of CompaniesinBankruptcy
Association of Persons as a Sign of a Group of Companies in Bankruptcy
The article examines one of the key features of a group of companies in bankruptcy law — an association of individuals (legal entities and (or) individual entrepreneurs) that is not a legal entity in itself. The author comes to the conclusion that Russian legislation and practice have not yet developed a uniform approach to understanding such an association as a sign of a group of companies in bankruptcy. In this regard, it is proposed to analyse foreign doctrines-fictions — approaches to understanding the group of companies.
Keywords: group of companies, bankruptcy, association of persons, legal entity, individual entrepreneur
DOI 10.46279/ASMO.2025.92.82.002
E.D. Suvorov On the Relationship between Preference Transactions and Transactions to the Detriment of Creditors' Property Rights
The subject of the paper is the relationship between two special grounds for challenging transactions established in the bankruptcy legislation: making a transaction to the detriment of creditors’ property rights (clause 2, Article 61.2 of the Federal Law “On Insolvency (Bankruptcy)”) and preferential satisfaction (Article 61.3 of the law). In particular, it is determined whether challenging a transaction based on preference can be considered as a special case of challenging it on the motive of its commission to the detriment of creditors’ property rights, and whether it is permissible to challenge the relevant preference outside the period of suspicion provided for preference transactions based on its orientation to the detriment of creditors. The author states that the debtor’s transactions entailing the provision of preference (clause 3 of Art. 61.3) are not a special case of transactions made with the aim of harming the property rights of creditors (clause 2 of Art. 61.2), while giving preference is not a reason for challenging it on the grounds of harming the property rights of creditors.
Keywords: contesting transactions, preferential satisfaction, transactions to the detriment of creditors’ property rights, the ratio of grounds for contesting, competition of claims, ways to protect the right, competitive challenge
DOI 10.46279/ASMO.2025.23.44.003
E.S. Razdiakonov Documentary (Simplified) Bankruptcy Proceedings
The article examines the legal nature of documentary production in the context of related concepts, including simplified production. The author concludes that there are no essential differences between documentary and simplified production, but at the same time identifies a range of problems that arise when applying the norms on simplified production to documentary production by analogy with the law. The paper examines the problem of accessibility of justice in the implementation of the rule on filing an appeal to the court in electronic form. Finally, the author formulates and compares the concepts of “documentary production”, “documentary isolated dispute” and “documentary form”.
Keywords: bankruptcy, documentary production, documentary isolated dispute, documentary form, simplified production
DOI 10.46279/ASMO.2025.24.20.004
O.N. Remizova The Role of the Commercial Courtin the Competitive Process
The rapidly changing legislation in the field of insolvency (bankruptcy), combined with the intensively developing law enforcement activities of the persons involved in this area, requires an understanding of the appointment and role of the arbitrazh (commercial) court in bankruptcy cases. The explosive increase in the demand for bankruptcy procedures over the past decade has raised these issues. The author, referring to individual works of Russian pre-revolutionary jurists, modern law and judicial practice, suggests evaluating judicial competence in the competitive process, taking into account both the fundamental value of judicial power and the specific features of the sphere of public relations under consideration.
Keywords: arbitrazh (commercial) court, bankruptcy case, bankruptcy proceedings, justice, dispute resolution, legal regulation, insolvency, arbitrazh administrator, competence, bankruptcy administration
DOI 10.46279/ASMO.2025.38.59.005
E.G. Potapenko Involving the Debtor's Controlling Person in Bankruptcy Proceedings
The paper discusses the options for involving a controlling debtor in bankruptcy proceedings and the scope of the procedural rights of such persons. There are two procedures for involving supervisors in bankruptcy proceedings: general and special. The scope of procedural rights and the possibility of their implementation depend on the implemented procedure. The paper criticizes the general procedure for involving a controlling person in a bankruptcy case in connection with a departure from the traditional criterion of interest in the outcome of the case. When a controlling person enters the case, such an interest is presumed due to the applicant’s status, which must be motivated. This creates a foregone conclusion about the status of the controlling person in subsequent disputes. It is proposed to abandon the status of a controlling person as a prerequisite for entering into bankruptcy proceedings.
Keywords: civil procedure, insolvency (bankruptcy) proceedings, establishment of creditors’ claims, persons controlling the debtor, participants in the insolvency (bankruptcy) case
DOI 10.46279/ASMO.2025.54.70.006
S.L. Sergeeva Good Faith in Bankruptcy: From Theory to Practice
The paper reveals the essence of the category “standard of good faith”, which is often found in judicial acts, but has no legal definition. The author comes to the conclusion that “good faith” establishes society’s ideas about the average well-intentioned person. Using the example of the bankruptcy institute, the author shows that the standard can be lowered or raised. This is influenced by various factors: the weak or strong position of the subject in the case, his professional qualities, objective awareness, etc. The author concludes that the content of the “good faith” standard may vary depending on the subject being evaluated.
Keywords: standard of integrity, bankruptcy, average person, debtor, arbitration administrator, honesty, reasonableness
DOI 10.46279/ASMO.2025.49.20.007
A.A. Ivanov Legal Protection of Equity Construction Participants in the Light of the Problem of Bankruptcy of Developers
The author shows that the current legislation recognises equity construction participants as consumers, whereas recently they were considered as co-investors of the developer. Protecting consumers, who are a weak side of any legal relationship, is an important task of the state. The author proves that the rights of equity construction participants are protected through a special mechanism for developers’ bankruptcy, which includes various legal means, such as an escrow account.
Keywords: urban planning, housing construction, equity construction participants, insolvency (bankruptcy), developer, legal protection, escrow account
DOI 10.46279/ASMO.2025.71.18.008
S.M. Ilyushnikov, D.S. Ilyushnikov The Role of the Сourt in Bankruptcy Proceedings
The objectives of this paper are to study the role of the arbitrazh (commercial) court in bankruptcy proceedings, to analyse the institution of bankruptcy and problem issues of regulating legal bankruptcy relations; to identify legal prospects for improving the effectiveness of bankruptcy procedures, protecting creditors’ rights and preventing possible manipulation of the debtor’s property. The methodological basis of the research consists of various general scientific methods. For a deeper study of existing theoretical approaches in the field of bankruptcy, in order to develop new concepts and ideas, the theoretical method was used; for clarifying the norms of law, the structural legal method; for developing practical recommendations for improving the bankruptcy procedure, a systematic analysis, a formal logical method, and a method for studying and summarizing judicial practice. The authors analyze the attempts of the legislator to change the regulatory framework for the improvement and development of the bankruptcy institution in the Russian Federation. Some significant legal positions of the Commercial Court of the North Caucasus District on problematic issues related to bringing to subsidiary liability are given. Practical recommendations aimed at a more coordinated and efficient bankruptcy procedure are given, which can be taken into account by the legislator to improve the institution of bankruptcy, ensure effective and consistent application of norms and existing practices.
Keywords: arbitrazh (commercial) court, bankruptcy (insolvency), bankruptcy procedure, protection of creditors’ rights, subsidiary liability
DOI 10.46279/ASMO.2025.27.85.009
D.S. Dorokhin Classification of Subordinated Claims in Bankruptcy
The article classifies a number of claims included in the register of creditors' claims after the first sub-category of the third priority (subordinated claims). It proposes to distinguish between the inclusion of a claim in a subordinated queue (claim subordination) as (1) a mechanism for distributing the risk of the debtor's insolvency to the creditor due to (a) the nature of the claim, (b) the entity holding the claim, and/or (c) the period when the claim arose; and as (2) a measure of liability applied in cases of the creditor's unfair conduct. Based on this approach, it is argued that subordination should primarily be used as a risk distribution mechanism rather than as a punishment. It is substantiated with specific examples that using the subordination mechanism as a measure of liability may contradict the principle of proportionality or substitute other mechanisms of insolvency law.
Keywords: insolvency (bankruptcy), priority of creditors' claims, subordinated claims, risk distribution, measure of liability
DOI 10.46279/ASMO.2025.43.45.010
V.S. Selivonchik On the Concept of “Dispute over a Right”
The main object of research in this article is the issue of the legal nature of the concept of ‘dispute over a right’. As a result of the analysis of the positions of legal scholars regarding the substantive and procedural legal nature of the concept in question, the author attempts to formulate their own understanding of this legal category as the fundamental reason for initiating court proceedings.
Keywords: dispute over a right, civil procedure, court, disputed legal relationship, civil procedural legal relationship, statement of claim (claim), right to sue, right to object
DOI 10.46279/ASMO.2025.40.93.011
A.G. Mkhitaryan Dispositivity in the Consideration of Corporate Disputes
The paper discusses the problem of determining the procedural status of a corporation and its participants when filing claims for damages caused to a legal entity. It is concluded that corporation participants have no legal interest in granting them the status of a plaintiff in this category of cases.
Keywords: indirect claim, corporation, corporation participant, plaintiff, damages
DOI 10.46279/ASMO.2025.90.16.012
M.V. Toroptsov Prejudicial Significance of Judicial Acts in Insolvency (Bankruptcy) Cases
The paper examines the prejudicial significance of decisions held by courts of general jurisdiction and arbitrazh (commercial) courts in isolated disputes in the framework of insolvency (bankruptcy) cases, and makes proposals for improvement of the institution of prejudice.
Keywords: prejudice, competition of judicial acts, court decision, bankruptcy
DOI 10.46279/ASMO.2025.10.35.013
