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

The Administrative Liability of an Insolvency Practitioner

Student: Anfalova Irina

Supervisor: Kseniia Kondrateva

Faculty: Faculty of Social Sciences and Humanities (Perm)

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

Year of Graduation: 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.

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