The Correlation Between Bankruptcy (Insolvency) and Enforcement Proceedings in the Context of Ensuring Rights and Interests of Creditors

One of theoretical and practical problems in the context of research of legal nature of bankruptcy institute is the problem of correlation of insolvency proceedings and enforcement proceedings. The problem is caused by the necessity of differentiation of the given procedures and revealing of a place of each of them in the mechanism of satisfaction of requirements of creditors of the debtor. The object of research - social relations that arise in the context of ensuring the rights and interests of creditors during the procedure of insolvency (bankruptcy) and enforcement proceedings. The subject of the research is the legislation regulating the procedure of insolvency (bankruptcy), enforcement proceedings, civil procedural legislation, civil, administrative, criminal legislation, legislation on bailiffs, practice of Russian courts and court practice in the mentioned spheres. The purpose of the study is to analyse the relation between insolvency (bankruptcy) proceedings and enforcement proceedings in the context of securing the rights and interests of creditors. The research compares separate kinds of protection of creditors' rights and interests in the procedures of insolvency (bankruptcy) and enforcement proceedings, highlights the factors which reduce the efficiency of application of these ways, gives recommendations on improvement of legislation which regulates the issues connected with the protection of creditors' rights and interests in the enforcement proceedings and in the procedures of insolvency (bankruptcy).