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Individual's Bankruptcy Procedure

ФИО студента: Igor Tanurkov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Оценка: 9

Год защиты: 2016

The present thesis paper is devoted to research of individuals’ bankruptcy procedure (hereinafter – “IBP”). The purposes of the thesis paper are as follows: - To research the matter of how the practice of IBP is forming since the respective law has come into force; - To identify to most complicated and complex issues including and stressing those arising during the bankruptcy procedure; - To propose possible options on how to solve the respective issues; - To demonstrate availability and optimality of the bankruptcy procedure for individuals. The first Chapter is dedicated to research of background of enactment of the bankruptcy procedure institute in Russia; then, the author analyzed the previous legislation on bankruptcy, as well as the basis on which the present lawis formed.After that, the author fulfilled the comparative legal analysis of IBP in Russia and foreign countries. The second Chapter of the thesis paper is devoted to procedural status of all the participants of IBP. The third Chapter is devoted to legal analysis and assessment of first months the IBP is being applied with particular attention to the issues and drawbacks of the respective procedure; moreover, the author proposes a number of ways on how to solve the mentioned issues by, inter alia, making amendments to the law. The methods of the thesis paper are covered by complex of modern techniques and methods of scientific research of legal phenomena and processes, including, but not limited to, comparative, formal legal, historic, systematic and other methods. Thepracticalsignificanceofthethesispaperisin necessity of modernization of mechanism allowing individuals (consumers) to be recognized as bankrupts in court proceedings due to the fact of intractable long-term financial problems. AnumberofideasofthepresentthesispapermaybereflectedinRussianlegislationonIBPorbeappliedeitherincourtproceedings or for education purposes in universities.

Full text (added May 24, 2016)

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