Cross-border insolvency: concept and methods of legal regulation

Volume 6, Number 2, 2021, P. 179–189


Article (file: pdf, size: 582 KB, downloads: 273)


As a formulation of a scientific problem, attention is paid to the insufficient level of scientific elaboration of legal issues arising in cross-border insolvency in the domestic doctrine. Discussion issues remain about the definition of the main (meaning-forming) concepts of cross-border insolvency — the doctrine of “main”, “single”, “parallel” and “secondary proceedings”, cross-border groups of companies, lex concursus, the center of main interests. During the preparation of the article, general scientific research methods were used, as well as special scientific methods of jurisprudence. An overview of the use of the term “cross-border insolvency” in Russian legislation is made and the main lexical features of its use are revealed — there is no legal definition of the concept, the use is mostly episodic, and a detailed system of its main features has not been established. Attention is drawn to the ambiguity of the use of this term in foreign legal order. The main approaches to the definition of the concept of «cross-border insolvency» in Russian legal science («the concept of legal relations», «the concept of legal norms», «the concept of insolvency of transnational corporations») are outlined. The question of the need to develop the concept of «cross-border insolvency» from the point of view of the «concept of a legal fact», as well as identifying the economic essence and legal form of insolvency, complicated by a foreign element, has been updated. The main models of legal regulation of the corresponding relations are considered: the method of single production, the method of parallel territorial production and modified models. It is recognized that in modern conditions of market turnover, the use of modified models can be considered optimal.


bankruptcy law, private international law, bankruptcy, cross-border insolvency, legal fact


Aleksandr A. Pakharukov, Cand. Sci. (Jurisprudence), Associate Professor, Head of Jurisprudence Department, Irkutsk National Research Technical University, Irkutsk, Russia

For citation:

Pakharukov A.A. (2021) Cross-border insolvency: concept and methods of legal regulation. Sotsial’naya
kompetentnost’ = Social Competence. Vol. 6. No. 2. P. 179–189. (In Russ.)


  1. Aslanyan N.P., Novikova T.V. (2018) On Interpretation of the Term «Legal Nature». Baikal Research Journal. Vol. 9. No. 4. (In Russ.)
  2. Aslanyan N.P., Novikova T.V. (2017) Prolegomena to the Interpretation of the Term «Legal Nature». Baikal Research Journal. Vol. 8. No. 4. (In Russ.)
  3. Gubin E.P., Karelina S.A. (2020) The Method of «Application of Knowledge to the Subject Cases» by D.I. Meyer in the System of Training of Specialists in the Sphere of Bankruptcy. Vestnik grazhdanskogo protsessa = Bulletin of civil procedure. No. 1. P. 59–80. (In Russ.)
  4. Kalinina N.V. (2010) Problems of Regulation of CrossBorder Insolvency in International Private Law. Moscow: RUDN University. 150 p. (In Russ.)
  5. Kuzmina A.P. (2007) European Model of Cross-Border Insolvency. Mezhdunarodnoye publichnoye i chastnoye parvo = International public and private law. No. 4. P. 42–46. (In Russ.)
  6. Mokhova E.V. (2017) Globalisation of Cross-Border Insolvencies in Russia: Westward Practices and Eurasian Prospects. Zakon = Journal of Law. No. 5. P. 124–137. (In Russ.)
  7. Mokhova E.V. (2013) Insolvency with a Foreign Element: Challenges of Russian Judicial Practice. Predprinimatel’skoye parvo = Entrepreneurial law. No. 2. P. 2–10. (In Russ.)
  8. Mokhova E.V. (2012) Center of the Main Interests of the Debtor in Cross-Border Insolvency: Prospects for the Introduction of New Legal Structures in Russia. Zakon = Journal of Law. No. 10. P. 111–127. (In Russ.)
  9. Ryaguzov A.A. (2007) Cross-border Insolvency in Russian Law. Yuridicheskiy mir = Legal World. No. 6. P. 69–72 (In Russ.)
  10. Ryaguzov A.A. (2007) Cross-border Insolvency — the Institution of Private International Law. Mezhdunarodnoye publichnoye i chastnoye pravo = International public and private law. No. 4. P. 2–4. (In Russ.)
  11. Semeusov V.A., Pakharukov A.A. (2006) Legal Regulation of Bankruptcy Proceedings of Legal Entities (Questions of Theory and Practice). Irkutsk: Publishing House of the Baikal State University of Economics and Law. 252 p. (In Russ.)
  12. Sobina L.Yu. (2012) Recognition of Foreign Bankruptcies in Private International Law. Moscow: Statut. 238 p. (In Russ.)
  13. Trushnikov S.S. (2006) Initiation of Insolvency Proceedings in Russia and Germany. St. Petersburg, Publishing House of St. Petersburg State University. 200 p. (In Russ.)
  14. Khairyuzov V.V. (2006) Some Problems of Legal Regulation of Cross-Border Insolvency (Bankruptcy). Pravo i politika = Law and Politics. No. 7. P. 75–81. (In Russ.)
  15. Khrgian A.A. (2007) Unification of Normative Acts on Cross-Border Insolvency in the EU. Moscow: RUDN University. 177 p. (In Russ.)