Problems of Subordination of Creditors' Claims in Insolvency Cases

This dissertation examined the problems of subordination of creditors' claims in bankruptcy cases that law enforcement officers have encountered or may face. Studying the institution of subordination, the author pursued the goal of studying and analyzing both the theoretical and practical aspects of the application of this institution. Based on the stated goals, the following tasks were set: to identify the concept and goals of the institution of subordination of creditors' claims; explore the legal nature of the subordination of requirements; to investigate the role of subordination of creditors' claims, approaches to the procedure for applying this institution in insolvency cases; determination of the grounds and consequences of the subordination of creditors' claims in insolvency proceedings; identify signs of subordination in order to identify differences from other related institutions; identify and study classifications and species. As a result of the dissertation research, the author made the following conclusions: about the need to distinguish between subordination and retraining, criteria were proposed for subordination of certain types of creditors 'claims, about the need to consolidate in the law the positions developed by the Supreme Court of the Russian Federation regarding the priority for satisfying creditors' claims in bankruptcy cases. In addition, the author proposed a definition of subordination of creditors' claims. Based on the work, in order to effectively use the institution of subordination, the author proposes to establish the regulatory framework for the use of subordination, since legal certainty is achieved through the precise definition and consistent application of bankruptcy law.