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The Civil Liability of an Insolvency Practitioner

Student: Mashkin Vladislav

Supervisor: Kseniia Kondrateva

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Final Grade: 8

Year of Graduation: 2019

Today the problem of applying of civil liability in relation to an insolvency practitioner remains relevant. At the same time, there is an imbalance between the remuneration and the economic and legal burden of the insolvency practitioner in a bankruptcy case. It is proposed to optimize the distribution of the insolvency practitioner’s risks by means of amending the existing legal regulation in two ways: increasing the size of the insolvency practitioner’s fixed remuneration and introducing new mechanisms to ensure the property interests of the interested parties in a bankruptcy case. Increasing the size of the insolvency practitioner’s fixed remuneration is the most affordable and less costly way to solve an existing problem. On the other hand, the proposed method of depositing the necessary sum of money on a deposit with interest accrual (by analogy with a banking deposit) is designed to minimize the organizational costs of insolvency practitioners.

Full text (added April 30, 2019)

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