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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Irina Anfalova
The Administrative Liability of an Insolvency Practitioner
Kseniia Kondrateva
2019
The current legislation provides for the administrative responsibility of the arbitration manager for the improper performance of the duties assigned to him in bankruptcy proceedings. In connection with the introduction of a separate composition of an administrative offense involving disqualification, the number of decisions imposing administrative fines on arbitration managers is reduced, the number of decisions on exemption from administrative liability increases, and an oral comment is announced. The main problem is the determination of the proportionate, corresponding to the nature of the offense, the degree of public danger of the type of punishment to the arbitration manager. The imperfection of administrative legislation, on the one hand, allows the arbitration manager to avoid punishment, on the other hand, allows applicants to influence the arbitration manager or disqualify it.

Based on the analysis of arbitration and court practice, a conclusion was made about the ineffectiveness of the norm introduced into the administrative code in 2015, which implies sanction in the form of disqualification of the arbitration manager. In this case, a more effective punishment is an administrative penalty, and the use of punishment in the form of disqualification should be commensurate with the nature and degree of public danger of the offense committed.

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