Legal regime for priority creditors’ claims in bankruptcy

Volume 5, Number 1, 2020, P. 18–33

[ JURIDICAL SCIENCES ]

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Abstract:

The article examines the challenging issues of interpretation and application of rules of the current Russian bankruptcy law, which determine the legal regime for claims of priority creditors (current payments) in bankruptcy. Russian legal literature review made it possible to single out normative, synthetic, and realistic approaches to the definition of the term “legal regime”. The normative approach was recognized as methodologically sound. The structure of the legal regime is analyzed from different points of view — as a system of legal means and as a legal form. It has been established that the structural elements of the legal regime for claims of any categories of creditors for the purposes of interpreting the norms of bankruptcy law are: (1) the purpose of establishing special legal regulation; (2) the elements (scope) of claims related to the corresponding category of creditors; (3) the procedure for making and satisfaction of this group of requirements. The logical and linguistic characteristic of the legal definition of current lenders is given. The history of the development of Russian bankruptcy law on the issue of legal recognition of the concept of “current payments” is presented. The statistical analysis has revealed some empirical common factors. The teleological features of establishing a special favorable regime for current payments are determined. It has been established that the privileged nature of current payments is conditioned by the need to ensure the financing of expenses for the bankruptcy procedure, as well as for the current economic activity of the debtor. In order to identify the peculiarities of legal regulation of certain claims related to current payments, it is proposed to classify them depending on the procedure of creditors’ claims satisfaction and sources of their repayment. The peculiarities of legal regulation of presentation and satisfaction of current payments are systematized. The features of the legal regulation of current payments requirement and their satisfaction are systematized.

Keywords:

bankrupt law, insolvency, priority creditors, current payments, legal regime

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. (2020) Legal regime for priority creditors’ claims in bankruptcy. Sotsial’naya kompetentnost’ = Social Competence. Vol. 5. No. 1. P. 18–33. (In Russ.)

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