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  • Protection of Creditors' Rights in Legal Insolvency (Bankruptcy) Cases in Russian Federation: Guarantees and Methods

Protection of Creditors' Rights in Legal Insolvency (Bankruptcy) Cases in Russian Federation: Guarantees and Methods

Student: Nikolaeva Daria

Supervisor: Alexandr Chebotarev

Faculty: Faculty of Law

Educational Programme: Legal Support for Corporate and Human Resource Management (Master)

Year of Graduation: 2021

Modern civil scientists pay great attention to the study of issues related to ensuring the protection and protection of the legitimate interests and rights of creditors in bankruptcy proceedings. The development of economic relations in the Russian Federation serves as an objective prerequisite for this, but the institution of bankruptcy is relatively young in law enforcement practice. The Supreme Court of the Russian Federation is taking measures to ensure uniformity of approaches in resolving bankruptcy cases. In recent years, a number of serious amendments have been made to Federal Law No. 127-FZ of October 26, 2002 "On Insolvency (Bankruptcy)". Based on the results of a review of legal sources on insolvency (bankruptcy) issues, a narrow focus of existing research was revealed. By now, the institution of bankruptcy (insolvency) has already practically formed, accordingly, problems in this area can be studied from a broader perspective. The choice of the topic of this study was dictated by the need to improve the current Russian bankruptcy legislation in terms of protecting and protecting the interests and rights of creditors in bankruptcy (insolvency) proceedings. The purpose of the study is to develop the author's idea of ​​the genesis and nature of the methods of protecting the rights of creditors in the event of a debtor's bankruptcy under Russian law; in conducting a comparative legal analysis, studying scientific developments and law enforcement practice and formulating on this basis proposals for improving the current legislation, which regulates the methods of protecting the rights of creditors in the event of bankruptcy (insolvency) of the debtor. List of research tasks: 1. Analysis of the general characteristics and study of the system of ways to protect the rights of creditors in the event of a debtor's bankruptcy. 2. Studying the peculiarities of certain types of ways to protect the rights of bona fide creditors. 3. Analysis of the peculiarities of protecting the rights of creditors of special categories and the peculiarities of protecting the rights of creditors in the bankruptcy of certain categories of debtors. The object of the research is civil law relations that develop during bankruptcy (insolvency) procedures between participants in a bankruptcy case. The subject of the research is legislative norms that govern civil law relations arising between the subjects involved in a bankruptcy (insolvency) case in connection with the protection and protection of the interests and rights of creditors. The research methodology is based on: analytical and synthetic methods; method of historical analysis; deduction and induction method; the method of dialectical materialism; method of comparative jurisprudence; method of statistics; structural and functional, sociological and other methods of scientific knowledge. The novelty of the work lies in the provisions set forth in this work and submitted to the defense.

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