Rights and Duties of the Insolvency Officer Within the Framework of Insolvency Proceedings in Russia and France

The purpose of this Graduation Qualification Work is to analyze theoretical provisions concerning the problems of the legal status of the arbitration administrator in bankruptcy procedures, as well as the laws of Russia, France and other countries regarding the legal regulation of the activities of the judicial administrator, his rights and obligations in various bankruptcy procedures. The structure of this work is presented by three chapters. In Chapter I, a study is made of the historical development of the institution of arbitration management, its essence and significance, and draws parallels with the French system, its features are highlighted. The II Chapter is devoted to the legal status of the arbitration manager in Russia, his rights and obligations in bankruptcy procedures, as well as current trends to strengthen their civil liability. Finally, the III Chapter will provide an opportunity to compare the scope of the rights and responsibilities of managers in Russia and France and assess the prospects for further development of the institution of arbitration in our country. Based on the analysis, the following conclusions are formulated: firstly, the current bankruptcy legislation in Russia does not give the arbitration manager real independence, which creates certain difficulties in his work. Secondly, the situation can be rectified in case of accumulation of both the accumulated national experience of the arbitration administration and the foreign one. By analogy with France, at this stage it is necessary for Russia to work out a separate normative legal act, in which the rights and obligations of the arbitration administrator, responsibility, and guarantees for his protection will be clearly spelled out. Finally, it is necessary to insist on differentiation of administrative measures depending on the nature and severity of the offense committed.