The problem of the interest of arbitration managers in bankruptcy cases. Lender’s view

Abstract

We consider a rather acute issue of organizing effective management of business activities in a crisis situation. In particular, we bring out some problems related to the assessment of the reasons for the development of bankruptcy practices in Russia, especially for citizens, namely, the issue of approval by courts of arbitration managers, control over their activities, and removal is discussed as one of the main problems. The relevance of the issue is emphasized by the fact that today the managers approved by the courts have significant tools for abuse (including latent ones), which, of course, requires better legislative enforcement of the requirements of disinterest, conscientiousness and reasonableness. To date, the legislator and judicial practice of the highest courts are making attempts to improve bankruptcy procedures, including a movement towards leveling the influence of the debtor, related lenders on bankruptcy proceedings. At the same time, the institution of approval of the arbitration manager, control over his activities and removal continues to be at an intermediate stage of development. With reference to international practice, our position is expressed on the need to introduce into Russian legislation mechanisms for random automatic selection of arbitration managers for the purpose of their approval in bankruptcy proceedings, as well as the possibility of unconditional removal of already approved managers on the grounds of mistrust on the part of the majority of lenders with the establishment of a fair compensation mechanism. We also propose strengthening the criminal liability of participants in bankruptcy proceedings, including the introduction of a special composition on the liability of an arbitration manager.