Strelkova I.I. —
Rules of distribution of powers of citizens' bankruptcy courts
// Legal Studies. – 2015. – ¹ 4.
– P. 16 - 31.
DOI: 10.7256/2409-7136.2015.4.14541
URL: https://en.e-notabene.ru/lr/article_14541.html
Read the article
Abstract: The object of the research includes the actual changes in legal regulation of insolvency (bankruptcy) connected with the introduction of institution of bankruptcy of natural persons without a status of an individual entrepreneur, and the transfer of consumer bankruptcy cases to the competence of the courts of general jurisdiction. Special attention is paid to the analysis of standards of the Code of civil procedure of the Russian Federation and the Arbitration procedural code of the Russian Federation, differentiating the powers of courts and arbitration courts on cases of insolvency (bankruptcy), to the questions of jurisdiction of citizens' bankruptcy cases, their exclusive and territorial jurisdiction. The methodology of the research is based on the complex analysis of the regulations of Russian legislation concerning the jurisdiction of citizens' bankruptcy cases, and the provisions of the Concept of the unified Code of civil procedure of the Russian Federation about the competence of the courts. The author comes to the conclusion that the reforming of judicial system in a result of the Supreme Arbitration Court of the Russian Federation abolition, and the activities aimed at the unification of civil and arbitration proceedings reveal a tendency to a further merge of courts and arbitration courts. Under these circumstances the exclusive jurisdiction institution should serve as a mechanism of their powers distribution. The novelty of the research lies in the fact that the author suggests the usage of the term "jurisdiction" in the Code of civil procedure of the Russian Federation in order to differentiate the powers of courts from the powers of arbitration courts.
Strelkova I.I. —
Jurisdiction over Cases of Consumer Bankruptcy: the Institution History and Future Development
// Legal Studies. – 2012. – ¹ 3.
– P. 92 - 107.
DOI: 10.7256/2305-9699.2012.3.196
URL: https://en.e-notabene.ru/lr/article_196.html
Read the article
Abstract: The artice is devoted to a topical issue about introducing the legal provisions about consumer bankruptcy as a part of jurisdiction over such cases. The author concludes that legal provisions about consumer bankruptcy would satisfy the needs of a modern Russian society. The author also studies the development of the institution of jurisdiction over cases of bankruptcy of physical entities in pre-revolutionary and modern Russian law and discusses certain issues preventing from implementation of consumer bankruptcy provisions at the present time. Based on all that, the author makes an attempt to review the existing provisions about arbitration court's jurisdiction over bankruptcy of physical entities. The author concludes that there should be certain amendments made to the provisions about jurisdiction over cases of bankruptcy of physical entities and suggests that cases of consumer bankruptcy should be submitted to general jurisdiction courts. The author also shares his views about improvement of judicial activity in case of amending provisions of jurisdiction over cases of consumer bankruptcy.