Legal analysis of fraudulent bankruptcy signs

Volume 4, Number 2, 2019, P. 100–105

[ JURIDICAL SCIENCES ]

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Abstract:

The article reveals the main causes and signs of committing unlawful acts causing bankruptcy. It describes the practice of illegal business arising from deliberate actions aimed at fraudulent bankruptcy. The legal analysis of the Russian legislation on this issue has been made, as a result of which the main problems of the application of legal norms of legislation have been identified and indicated. In order to do this, it was necessary to identify and consider the main features and give the correct description of such offences. The article determines the main characteristics of fraudulent bankruptcy. It analyses the legal norms of criminal and administrative legislation and the possibility of holding both natural and legal persons liable. The practice of bringing to responsibility for unlawful actions causing bankruptcy is examined. According to the Unified Federal Register of Data on Bankruptcy for 2018, 29,796 data of the arbitration court were processed. The number of opinions of the Court about the presence of fraudulent bankruptcy signs is provided. The author notes that bankruptcy is intended to help the business recover, but not always a group of creditors or the debtor himself have incentives to do it. For this reason, to extract short-term benefits in the form of delaying or writing down of debt they often use illegal methods, namely fraudulent bankruptcy.

Keywords:

fraudulent bankruptcy, economic crimes, legislation, deliberate bankruptcy, debtor, damage

Author:

Elena V. Bondareva, Senior Lecturer Jurisprudence Department, Irkutsk National Research Technical University, Irkutsk, Russia

For citation:

Bondareva E.V. (2019) Legal analysis of fraudulent bankruptcy signs. Sotsial’naya kompetentnost’ = Social Competence. Vol. 4. No. 2. Pp. 100–105. (In Russ.)

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