Uksusova, E.E. Civil judicial proceedings on bankruptcy cases: problems of legislative regulation and legal practice

Abstract: Legislation, mostly, civil (arbitration) procedural legislation in the process of its historic development;, regulation the relations appearing due to insolvency (bankruptcy), civil judicial proceedings as an inalienable element of these relations; modern situation in the sphere of procedural regulation of judicial proceedings on insolvency cases; contents and special character of civil procedural regulation of judicial proceedings on insolvency cases; its procedural differentiation based on categories of debtors and bankruptcy procedures; judicial acts of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation); provisions of the civil and procedural doctrines, including those regarding the sphere of insolvency (bankruptcy). The general scientific methods (analysis, synthesis, generalization, analogy), private law cognition methods (formal logic, historical legal, formal legal, systemic, comparative legal methods). Part 2. Specific features of the procedural sphere of insolvency (bankruptcy): modern approaches in legislation and legal practice. The author evaluates the modern formation of the procedural regulation in the sphere of judicial proceedings on bankruptcy cases according to the procedural codes and laws on bankruptcy; singles out and discusses procedural specificities of the judicial proceedings on bankruptcy cases, which is defined by the categories of debtors and insolvency procedures, influence of other material legal factors on the procedural form of protection in bankruptcy cases; special attention is paid to the characteristics of the practice of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation), and its influence upon the civil proceedings; procedural sphere of legal regulation as a reflection of a general tendency. The author singles out and studies the general legal fundamentals for the strengthening of the regulating influence of the judicial acts of the highest courts in order to broaden the scope of judicial law-making, change its forms and contents, including the analysis of procedural novel features according to the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation, regarding the examination proceedings, being the general grounds for application in the procedural sphere of insolvency (bankruptcy).

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