Interview of the issue
R.T. Miftakhutdinov
Personal Bankruptcy Should Become the Easiest Category of Cases
Courts News
News of the Moscow District Courts
Topicality
Russian-Singapore Arbitrazh Case
Analytics: PERSONAL BANKRUPTCY
E.D. Suvorov
Personal Bankruptcy in the Practice of Higher Courts in 2014–2017
This article analyses the legal approaches of higher courts reflected in a number of cases relating to personal bankruptcy and forming the vectors of development of judicial practice on such issues as initiation of bankruptcy proceedings, formation of bankruptcy assets, debt relief, financing of the procedure by third parties, as well as on specific problems of implementation of property and corporate rights of the debtor. The author has studied a number of court rulings adopted in bankruptcy cases of individual entrepreneurs before October 1, 2015, as they remain important and may be useful for the assessment of law enforcement practice in the field of consumer bankruptcy.
Keywords: insolvency, individual bankruptcy, consumer bankruptcy, bankruptcy of individual entrepreneurs, executive immunity, formation of bankruptcy mass, debt relief
S.A. Morozov
Grounds for Refusal to Release a Bankrupt Citizen from Debt Obligations
One of the goals of the bankruptcy procedure for citizens is to free them from unsustainable debts and return them to civil turnover as full participants. However, this mechanism is not always used in good faith: bankruptcy procedure is often initiated by a person who is able to pay off his creditors, but tries to avoid it, for example, by selling his property to affiliated persons. This raises the question: can the court then refuse to write off debts to a citizen? The article is devoted to the analysis of bankruptcy legislation and its application practice on this issue and describes the most common cases when the court refuses to write off debts to the debtor due to his unfair behavior.
Keywords: individual bankruptcy, debt relief, abuse of right
P.M. Morhat
Should We Involve Child Protection Services in Case of Debt Restructuring or Sale of the Debtor’s Property?
The author carries out a legal analysis of the need to involve child protection authorities in considering the application of the bankruptcy creditor in cases when the debtor has children. Children are legally represented by their sui juris parents, and the executive authorities acting through child protection services are involved in the protection of children’s rights only if parents are absent, deprived of parental rights or declared to be legally incapable. The author examines Para 3 Art. 213.6 (1) of the Law on bankruptcy and concludes that its provisions are not mandatory, yet they set out a condition when child protection services are to be addressed.
Keywords: arbitrazh process, Law on insolvency (bankruptcy), child protection services, practice of arbitrazh courts
Analytics: Open Forum
V.P. Sorokin
Assistance in Arbitration Proceedings by the Arbitrazh Court
This paper discovers how arbitrazh courts implement their functions of assisting persons participating in the arbitration to resolve issues related to the withdrawal, appointment and termination of the powers of arbitrators. The analysis of newly introduced norms of the Arbitrazh Procedure Code of the Russian Federation and the Federal Law of 29.12.2015 No. 382 FZ “On Arbitrazh (Arbitrazh Proceedings) in the Russian Federation”.
Keywords: arbitration, arbitrazh court, arbitration proceedings, execution of the assistance functions of the arbitrazh court
A.A. Soloviev
North American Model of Judicial Review (US and Canadian Practices)
The present paper features a research of the North American model of judicial standard control realised in the USA and Canada. The author defines the American model of judicial standard control and singles out certain types of its implementation. He also thouroughlly considers the peculiarities of functioning of the institute of judicial control in the USA and Canada both at the federal level and in separate subjects of the federation.
Keywords: judicial standard control, administrative proceedings, foreign experience, North America, USA, Canada
Court Practice Reviews
Minutes No. 156 of 11.08.2017 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation
Minutes No. 157 of 18.08.2017 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation
