Development of Rehabilitation Oriented Russian Institution of Bankruptcy

Алферов, В. Н.

doi:10.18184/2079-4665.2016.7.2.180.190

Cited by 4 publications

(2 citation statements)

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“…Low-efficiency the rehabilitation procedures problem in the Russian legal system, which is caused by pro-creditor concept prevalence. Reforming the legislation on insolvency in strengthening its rehabilitative orientation direction was and remains a topical issue, widely discussed in the doctrine [10]. It is necessary to admit that the crisis phenomena caused by the pandemic accelerated its resolution.…”

Section: Improvement Rehabilitation Procedures Effectivenessmentioning

confidence: 99%

Insolvency Law Adaptation to the Covid-19 New Challenges: the Process of Destigmatisation and the Focus on the Rehabilitation of Business

2021

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The institution of insolvency (bankruptcy) occupies a special place in the state institutions system to support business entities in the recovery process from the crisis, given the selection mechanisms and rehabilitation opportunities inherent in it. Bankruptcy on the global economy scale serves as one of the anti-crisis regulation tools to improve financial and economic stability. The Covid-19 pandemic has actualised the ensuring the bankruptcy law institutional capacity problem by maximising its anti-crisis potential. Given its spread scale, the insolvency law adaptation to the Covid-19 new challenges is a challenge faced by all legal systems without exception. The findings of this study reveal that fragmented and uncoordinated national responses have common trends caused by the unity goal of minimising economically and financially destructive effects of the pandemic. This study objective was to identify the most effective strategy for the bankruptcy institute modernisation, which solution is based on the elements comparative analysis and convergence methods. In conclusion, the bankruptcy institute development basic tendencies and patterns have been revealed. Their analysis has allowed designating the legislation perfection most effective and perspective strategies in this sphere, which are determined by the course to aim at its anti-crisis potential development.

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Section: Improvement Rehabilitation Procedures Effectivenessmentioning

confidence: 99%

Insolvency Law Adaptation to the Covid-19 New Challenges: the Process of Destigmatisation and the Focus on the Rehabilitation of Business

2021

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“…Причем введение реабилитационных процедур совсем не означает восстановление платежеспособности компаниикак правило, все заканчивается конкурсным производством. Как отмечают многие исследователи, основная функция финансового оздоровления в настоящее время состоит исключительно в растянутом по времени погашении задолженности [8][9][10][11].…”

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Evaluation of the payability of Russian companies and practice of using their bankruptcy procedures

Баклаева

2020

Vestn. Voronež. gos. univ. inž. tehnol.

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In modern business conditions, an increasing number of Russian companies have problems with solvency, as a result of which they are forced to go into bankruptcy proceedings. In such conditions, it seems important to develop the rehabilitation potential of business bankruptcy. The objectives of the work are to identify the reasons for the low solvency of Russian companies, as well as the rare use of bankruptcy rehabilitation procedures and their low effectiveness, which will allow us to identify new approaches to the development of the rehabilitation, including health, bankruptcy potential. In the course of the study, a comprehensive and systematic approach to the studied processes and phenomena was applied, which are implemented by means of general scientific methods: scientific abstraction, analysis and synthesis. The use of standard analytical methods (comparison, summaries and groupings) made it possible to assess the solvency of Russian companies, their participation in bankruptcy proceedings and the effectiveness of bankruptcy proceedings. The study made it possible to conclude that today the activities of the overwhelming majority of insolvent Russian companies are completed with the help of bankruptcy proceedings, while the main function of bankruptcy rehabilitation procedures is solely in debt repayment extended over time, which requires further improvement by adding a vector to preservation and development of the debtor's business. The results of the study can be used in analytical practice, as well as to develop new approaches to the development of the rehabilitation potential of bankruptcy proceedings.

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Analysis of the Current Organizational Mechanism of State Regulation of Bankruptcy Litigations (Processes) of Legal Entities

Akulov¹,

Khoruzhy

Klychova

2022

Vestnik of Kazan State Agrarian University

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As a result of dynamic significant changes in many areas of bankruptcy law over the past three decades and the reform of the state organizational structure of the executive power system in the Russian Federation in recent years, the links between the elements of the system of state regulation of the domestic institution of bankruptcy of the economy have changed. The purpose of the research is to systematize and obtain updated knowledge regarding the functioning of the organizational mechanism of state regulation of the institution of bankruptcy of legal entities (except for financial organizations). As a result of the analysis, on the basis of an integrated approach, the main problems and debatable issues in the formation of the modern structure of the state regulation bodies of the bankruptcy processes of legal entities that perform the functions of solving various multi-level state tasks in the field of insolvency relations and making government decisions that ensure the stability of the economy based on achieving balance of the interests of participants in insolvency relations are identified; the content of the managerial impact of each regulatory entity is disclosed on the basis of statistical data and analysis of bankruptcy practice; attention is focused on the activities of the authorized branch represented by Federal Tax Service of Russia to support bankruptcy procedures and intensify conciliation procedures in order to prevent taxpayer insolvency; the need to improve interdepartmental interaction is justified; the main problems and debatable issues in the formation of the organizational mechanism of state regulation of the processes of bankruptcy of legal entities are indicated; the need to improve interagency cooperation to prevent bankruptcy and when considering bankruptcy cases, including by using the possibilities of digitalization of the economy based on domestic equipment, digital platforms, systems and software that are resistant to external influences, etc. is justified.

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Development of Rehabilitation Oriented Russian Institution of Bankruptcy

Cited by 4 publications

References 0 publications

Insolvency Law Adaptation to the Covid-19 New Challenges: the Process of Destigmatisation and the Focus on the Rehabilitation of Business

Insolvency Law Adaptation to the Covid-19 New Challenges: the Process of Destigmatisation and the Focus on the Rehabilitation of Business

Evaluation of the payability of Russian companies and practice of using their bankruptcy procedures

Analysis of the Current Organizational Mechanism of State Regulation of Bankruptcy Litigations (Processes) of Legal Entities

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