The debtor as a subject of relationship arising in case of insolvency (bankruptcy): socioeconomic and legal characteristic

Volume 4, Number 4, 2019, P. 327–338

[ JURIDICAL SCIENCES ]

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Abstract:

The article examines the methodological approaches to determining the social and economic picture of an insolvent debtor in a bankruptcy case as a result of an empirical study and provides the socio-economic characteristics of Russian debtors. The differentiated analysis was carried out in relation to entities and persons on the basis of the following indicators: indicators directly related to debtors against whom insolvency proceedings had commenced; indicators characterizing persons who are applicants in a bankruptcy case; the number of bankruptcy procedures applied; average length of bankruptcy case; indicators characterizing the requirements of creditors. The author considers the main characteristics of the indicator “Resolution of insolvency” calculated by the World Bank to determine the rating of the Doing Business countries. The practical value of the study is underlined in the field of analysis of the property status of insolvent debtors for the purposes of subsequent legal analysis and substantiation of proposals for improving legislation. When considering the legal definition of the debtor, some scientific problems were identified. The necessity to widen the range of competitive persons in the Russian law enforcement is indicated. Reflection of the possibility of bankruptcy of a group of companies is recognized theoretically necessary and economically driven that ultimately should promote the increase of the efficiency of the bankruptcy institution. The logical correlation of the concept of a debtor in the civil law sense and in the meaning of bankruptcy law is established. The disproportionality of the legal regulation of bankruptcy of entities and persons is revealed. It is proposed to distinguish between two levels of research of the concept “debtor in a bankruptcy case” – theoretical and empirical ones.

Keywords:

bankruptcy law, insolvency, bankruptcy, debtor, ability to be bankrupt, subjects of bankruptcy

Author:

Aleksandr A. Pakharukov, Cand. Sci. (Jurisprudence), Associate Professor of Customs and Law Department, Irkutsk State Transport University, Irkutsk, Russia

For citation:

Pakharukov A.A. (2019) The debtor as a subject of relationship arising in case of insolvency (bankruptcy): socioeconomic and legal characteristic. Social Competence. 2019. Vol. 4. No. 4. P. 327–338. (In Russ.).

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