Interview of the issue
“Bankruptcy legislation requires systemic rather than spotty reform”
News of Moscow District Courts
Expanding the Scope of Liability of Persons Controlling the Debtor. Recognition of the Spouse of the Head of the Debtor as the Controlling Person
Analytics: Bankruptcy: Balance of Interests of the Debtor and Creditors
Balance of Interests of the Debtor and Creditors
The author speaks about the access to courts in the social state, analyses whether interests of the debtor and the creditor are balanced during bankruptcy proceedings, considers independence and responsibility of insolvency officers, as well as balance of parties’ interests in view of their legal status.
Keywords: bankruptcy, debtor, creditors, balance of interests, challenge of transactions, good faith
Belskiy M.D.Combination of Conciliation, Rehabilitation and Liquidation Procedures in Insolvency (Bankruptcy) Cases as an Essential Condition for Balancing the Interests of Creditors and the Debtor: The Experience of France
The authors analyse various procedures used in insolvency (bankruptcy) cases and acknowledge the special significance of conciliation, rehabilitation and preventive restoration of solvency and financial stability of the debtor. The authors conclude that only the optimal balance of these procedures can ensure both the balance of interests of creditors and the debtor, and the favorable business and investment climate of the state. The research of statistical data in the Russian Federation, according to which liquidation procedures in bankruptcy cases prevail, has allowed to establish the necessity of development of new, differentiated approaches to bankruptcy cases taking into account positive experience of foreign states, in particular France.
Keywords: French legislation, insolvency (bankruptcy), bankruptcy models, balance of interests of the parties, preventive mechanisms, system of insolvency procedures, foreign experience, liquidation, rehabilitation, reconciliation
Personal Bankruptcy: Striking a Balance between the Interests of the Debtor and Creditors
The article covers topical issues related to ensuring a balance between the interests of the individual debtor and his/her creditors within the framework of the current model of consumer bankruptcy. The author analyses existing legal mechanisms, relevant judicial cases, as well as the doctrinal and conceptual aspects of this issue. Based on the study, the author concludes that the Russian model of personal bankruptcy aims to ensure the balance of interests of both the debtor and creditors, but it requires a fairly fine-tuning of its further regulation, taking into account the need to protect the interests of bona fide persons both on the side of the debtor and on the side of the creditors.
Keywords: personal bankruptcy, balance of interests, creditor, release from liabilities, fairness, abuse of right
Establishment of Creditor’s Claim Based on the Decision of a Foreign Court in an Insolvency (Bankruptcy) Case
The present article covers typical problems which Russian courts face to when applying foreign laws, specifically laws of England and Wales regulating loans, in bankruptcy cases. These are: choice of applicable interest rate, qualification of obligations as interest or as penalty. The authors offers practical recommendations on application of foreign laws.
Keywords: bankruptcy (insolvency), application of foreign laws, loan, cross-border insolvency, recognition of creditor’s claim
Differences in the Approaches of General Civil and Special Bankruptcy Laws to the Rights of Creditors and the Debtor
The author considers the different approaches of general civil and special legislation to the categories of “debtor” and “creditor”, and concludes that legal regulation of bankruptcy relations should take into consideration general principles of civil law.
Keywords: creditor, bankruptcy, debtor, subjective rights
Analytics: Open Forum
Fundamentals of Organisation and Running of the Judiciary of the Italian Republic
The article reveals fundamentals of organisation and running of the judiciary of the Italian Republic. The author provides for in-depth analyses of a range of basic constitutional principles that serve to secure independence of the judicial power, which includes independence of magistrates and their exclusive subordination to the law, exclusive execution of justice by a court, irremovability of the magistrates, unity of magistrates corps, formation of the magistrates corps on competitive basis, responsibility of the magistrates.
Keywords: judicial system, judicial power, magistracy, global experience, Italian Republic, constitutional fundamentals, constitutional principles
Court Practice Reviews
Review of the Cases Considered by the Commercial Court of the Moscow District in the Writ Proceedings
Minutes No. 167 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation