• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Winding –up Proceedings in Bankruptcy: Problems of Legal Regulation and Problems of Practice

Student: Malyugin Dmitriy

Supervisor: Svetlana G. Pishina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

In this scientific work are stated theoretical and practical aspects of the procedure of bankruptcy proceedings in the process of insolvency (bankruptcy) of legal entities. Questions regarding the content of the bankruptcy procedure, the legal status of the arbitration administrator are considered. In addition, the problems of the initial stage of the entire bankruptcy procedure were studied, which led to the conclusion that it was necessary to establish bankruptcy proceedings as an initial stage, the problem of attracting the debtor's managers to subsidiary liability. Also the mechanism developed by the Supreme Court of the Russian Federation for the subordination of claims of creditors analyzed. A distinctive feature of bankruptcy proceedings is the conflict of interests of the debtor and creditors, which is caused by the insufficiency of the property of the bankrupt organization. In order to resolve such a conflict, a special subject is involved in the process - the bankruptcy trustee. The paper analyzes the legal status of the bankruptcy trustee, on the basis of which it was concluded that there is a need for additional legislative support for the independence of the subject in question. In the course of the work, deficiencies in the monitoring procedure were revealed, on the basis of which it was proposed to establish bankruptcy proceedings as the initial stage of bankruptcy. The analysis of the mechanism of the subordination of claims of creditors of the debtor established by the Supreme Court of the Russian Federation, as well as similar concepts of foreign law enforcement practices, is conducted.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses