Improving the Mechanisms of Pre-Trial Financial Recovery of Debtors Under the Control of Creditors

Алферов, В. Н.

doi:10.17747/2078-8886-2012-4-68-73

Cited by 1 publication

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“…127-FZ "On Insolvency (Bankruptcy)" look outdated, because it contains only two articles on pre-trial prevention of insolvency. Their essence resolves into the following: firstly, it establishes the obligation of the potential debtor's managers to inform the founders of the occurrence of signs of bankruptcy; secondly, the founders have a general obligation to take measures to prevent bankruptcy; thirdly, it establishes the possibility of taking such measures by creditors or other persons under an agreement with the debtor; fourthly, it implies the possibility of providing financial assistance to the debtor by all of the above persons [14].…”

Section: B the Modern Stage Of Development Of Pre-trial Prevention Omentioning

confidence: 99%

Pre-Trial Prevention of Insolvency: Technology, Procedures, Innovations

Izuymov*¹,

Murzina²,

Subbotin³

et al. 2019

IJITEE

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The purpose of this work is to determine the essence of pre-trial prevention of insolvency of an economic entity, consider the content of this phenomenon, and study its use in order to prevent the existing negative consequences of insolvency proceedings in the economy. The methodological basis of the study comprises the general scientific dialectical method of cognition, which allows considering the institutions of law in the relationship, integrity, and development. Special and specific scientific methods are used: historical and legal, formal and logical, the method of comparative law. In order to achieve this result, the following more specific tasks are proposed: to determine the place of pre-trial prevention of insolvency of an economic entity within the framework of the institution of insolvency; to isolate the structure of the phenomenon of pre-trial prevention of insolvency; to determine the essence of the specific aspects of pre-trial prevention of insolvency; to analyze the features of individual procedures and develop proposals for the legal regulation of their conduct; to develop proposals to improve domestic insolvency law in order to ensure the possibility of preventing the negative consequences of bankruptcies in the pre-trial stages. Based on foreign experience, it is proposed to regulate the activities of domestic entrepreneurs in the field of pre-trial prevention of insolvency of economic entities at the legislative level.

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Section: B the Modern Stage Of Development Of Pre-trial Prevention Omentioning

confidence: 99%