Volume 7 (2022), No. 1, pp. 15–25
[ JURIDICAL SCIENCES ]
Article (file: pdf, size: 285 KB, downloads: 125)
It has been established that civil law communities can act in a bankruptcy case — a meeting of creditors, a committee of creditors, a meeting of employees, former employees of the debtor, a meeting of construction participants. Some problematic issues of interpretation and application of the norms of Russian legislation on bankruptcy that arise during the meeting of creditors are considered. Theoretical concepts of determining the legal nature of the meeting of creditors are revealed: the concept of an organized group (collective, association) of creditors; the concept of a collegial (collective) management body of a legal entity; the concept of a collective subject (legal entity); the concept of a way of expressing the collective will of creditors. It is concluded that the meeting and the committee of creditors, not being legal entities, nevertheless cannot simply be considered as a «legal set» of persons coordinating their actions during the bankruptcy proceedings. The meeting and the committee of creditors have some features of legal unity. It is noted that on the basis of the main model of legal personality (general and special legal personality of creditors and authorized bodies), a derivative legal form is built. It is proposed to divide the participants of the meeting of creditors into two groups — into “permanent participants”, the composition of which does not depend on the category of the debtor, and into “additional (non-permanent) participants”, who have the right to take part in the meeting only in cases expressly provided for by law when bankruptcy of certain categories of debtors. Permanent participants of the meeting of creditors are divided into three categories of persons — having an unconditional right to vote; having a limited (“truncated”) voting right; not entitled to vote.
bankruptcy law, bankruptcy case, insolvency practitioner, civil society, meeting of creditors, com-mittee of creditors
Aleksandr A. Pakharukov, Cand. Sci. (Jurisprudence), Associate Professor, Head of Jurisprudence Department, Irkutsk National Research Technical University, Irkutsk, Russia.
Pakharukov A.A. (2022) Legal Status of the Meeting of Creditors in a Bankruptcy Case. Sotsial’naya kompetentnost’ // Social Competence. Vol. 7. No. 1. P. 15–25.
- Bankruptcy of business entities: a textbook for bachelors / ed. I.V. Ershova, E.E. Enkova. Moscow, 2016. 336 p. (In Russ.)
- Bartov V.M. The legal nature of the settlement agreement concluded in the event of the debtor’s bankruptcy and the restructuring of a credit institution. Yuridicheskiy mir = Legal World. 2001. No. 5. P. 33-41. (In Russ.)
- Bahrakh D.N. Collective subjects of administrative law. Pravovedeniye = Jurisprudence. 1991. No. 3. P. 66–73. (In Russ.)
- Brusko B.S. Category of protection in Russian bankruptcy law. Moscow, 2006. 200 p. (In Russ.)
- Vasiliev A. B. Meeting of creditors, its organization, conditions for holding and competence. Commentary on the law «On insolvency (bankruptcy)». St. Petersburg, 1998. (In Russ.)
- Govoruha M.A. The meeting of creditors and the committee of creditors as collective sub-jects of bankruptcy law. Sovremennoye parvo = Modern law. 2008. No. 1. P. 11–15. (In Russ.)
- Egorov A.V. Bankruptcy proceedings: commentary on key points. Vestnik grazhdanskogo prava = Bulletin of Civil Law. 2019. No. 1. P. 114–139. (In Russ.)
- Ilyushina M.N. Meeting of creditors in the event of bankruptcy of a citizen: novels of the Civil Code and the Law on Insolvency. Zakony Rossii: opyt, analiz, praktika = Laws of Russia: ex-perience, analysis, practice. 2015. No. 9. P. 41–46. (In Russ.)
- Kechekyan S.F. Legal relations in a socialist society / ed. ed. M.S. Strogovich. Moscow, 1958. 187 p.
- Koraev K. B. Insolvency. New institute of legal regulation of financial recovery and insol-vency (bankruptcy): monograph. Moscow, 2017. 320 p. (In Russ.)
- Krasavchikov O.A. Civil legal personality as a legal form // Legal problems of civil legal per-sonality: interuniversity collection of scientific papers / ed. O.A. Handsome. Sverdlovsk, 1978. Issue. 62, pp. 20–26. (In Russ.)
- Kuznetsov S.A. The main problems of the legal institution of insolvency (bankruptcy): mon-ograph. Moscow, 2015. 304 p. (In Russ.)
- Mitskevich A.V. Subjects of Soviet law. Moscow, 1962. 213 p. (In Russ.)
- Insolvency (bankruptcy): training course: in 2 volumes / ed. S.A. Karelina. Vol. 1. Moscow, 2019. 925 p. (In Russ.)
- Pirogova E.S., Kurbatov A.Ya. Legal regulation of insolvency (bankruptcy): a textbook for undergraduate and graduate studies. Moscow, 2015. 291 p. (In Russ.)
- Pirogova E.S., Kurbatov A.Ya. Restriction of the legal capacity and legal capacity of legal entities — debtors in the framework of insolvency (bankruptcy) cases. Saratov, 2012. 128 p. (In Russ.)
- Popondopulo V.F. Bankruptcy. Legal regulation: scientific and practical guide. Moscow, 2012. 432 p. (In Russ.)
- Legal regulation of bankruptcy: textbook / otv. ed. E. E. Enkova. Moscow, 2021. 720 p. (In Russ.)
- Ryzhenkov A.Ya. Decisions of meetings as a legal fact in business law. Zhurnal predprini-matel’skogo i korporativnogo prava = Journal of business and corporate law. 2021. No. 1. P. 62–66. (In Russ.)
- Semeusov V.A., Pakharukov A.A. Legal regulation of bankruptcy proceedings of legal enti-ties (questions of theory and practice). Irkutsk, 2006. 252 p. (In Russ.)
- Telyukina M.V. Fundamentals of competition law. Moscow, 2004. 560 p. (In Russ.)
- Theory of state and law: a course of lectures / ed. N.I. Matuzova, A.V. Malko. 2. ed., re-vised. and additional Moscow, 2000. 771 p. (In Russ.)
- Tkachev V.N. Competition law. Legal regulation of insolvency (bankruptcy) in Russia. Moscow, 2006. 528 p. (In Russ.)
- Shitkina I.S. Entrepreneurial associations: educational and practical guide. Moscow, 2001. 382 p. (In Russ.)
- Shishmareva T.P. Federal law «On insolvency (bankruptcy)» and the practice of its applica-tion: a study guide for the exam on the Unified training program for arbitration managers. Moscow, 2015. 416 p. (In Russ.)
- Yulova E.S. Legal regulation of insolvency (bankruptcy): textbook and workshop for undergraduate and graduate students. Moscow, 2017. 413 p. (In Russ.)