Gerusova S. —
Exercising the Private Right to Appeal to the Arbitration Court to Be Declared Bankrupt
// Legal Studies. – 2018. – ¹ 2.
– P. 8 - 16.
DOI: 10.25136/2409-7136.2018.2.25286
URL: https://en.e-notabene.ru/lr/article_25286.html
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Abstract: The article is devoted to a new institution in the Russian law - private bankruptcy, i.e. bankruptcy of an individual who is not an entrepreneur. In her research Gerusova describes situations when the arbitration court has the right to initiate judicial proceedings to declare an individial as bankrupt as well as situations when an individual ought to appeal to the arbitration court himself or herself to be declared bankrupt. The author of the article carries out a brief analysis of the status of financial manager and particularities of his or her appointment. The author also describes court fees incurred by an individual in such a case. In the course of writing the article the author has used the systems approach, comprative law and legalistic method and modelling. The scientific novelty of the research is caused by the fact that the federal law that sets forth provisions about private bankruptcy that came into force on October 1, 2015. As we can see, private bankruptcy is a new institution, thus arbitration courts face new tasks now. This institution is understudied in Russian law studies, thus there is a need to study and improve it. As a result of the research, the author of the article describes the main reasons why the arbitration court may deny a private bankruptcy application. These include: application does not answer the requirements of procedural law, financial manager cannot be appointed, no money or assets to pay expenses for bankruptcy procedures. As a solution of aforesaid problems, the author of the article offers to develop a simplified private bankruptcy procedure that does not require a financial manager, and to involve prosecutors if necessary as well as to make courts responsible for discovery of evidence.
Gerusova S. —
Diligence of the citizen as a condition of release from liability in bankruptcy cases
// Law and Politics. – 2018. – ¹ 2.
– P. 52 - 59.
DOI: 10.7256/2454-0706.2018.2.43134
URL: https://en.e-notabene.ru/lamag/article_43134.html
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Abstract: This article explores the most substantial and significant consequence of declaring an individual bankrupt and completion of the rehabilitation procedures – release from liability. The work lists liabilities from which the individual cannot be released after the conclusion of the process of realization of assets of the individual. The author gives and conducts legal analysis of the legal grounds, according to which the individual is not released from all types of liability. Analysis is conducted on the forming judicial practice on the question of application of rules on release from liability for individuals declared bankrupt. The novelty of this research consist in the novelty of the actual institution of personal bankruptcy in Russia. The law enforcement practice is just beginning to form and already finds problems in interpretation of the laws on release of individuals from liability. The author comes to a conclusion on unallowability of expanded interpretation of the positions of the Article 10 of the Civil Code of the Russian Federation in resolution of the question of diligence of the citizen and application of the rules on release from liability.