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Individual Bankruptcy: Conditions and Key Problems
Abstract.The article is devoted to the experience of the implementation of the provisions of the Federal Law no, 476 of December 29, 2014 that defines the rules and procedure of individual (physical entities') bankruptcy. In his research Kuznetsov examines the historical grounds for that law and succeeding transformations. He also analyzes the algorithm for individual bankruptcy procedure, describes conditions and order for concluding an amicable settelment, principles of debt restructuring, and rules for selling debtor's assets. The researcher demonstrates the role of an independent financial manager in a case of individual bankruptcy. The research methodology is based on the systems approach and involves a detailed analysis of the algorithms at each stage of the individual bankruptcy procedure: initiating a bankruptcy procedure, preparing a debt settlement plan, and implementing a debt settlement plan. In his research Kuznetsov describes the main points of confusion in applicable laws that create problems for implementing the provisions of the Federal Law No. 476. The author also focuses on how the value of individual bankruptcy procedure is formed. The author demonstrates that current financial conditions, in fact, makes this procedure unavailable for those who actually need it. The author also makes the main suggestions on how to improve the procedure of individual bankruptcy. These suggestions may be used to change and improve the current legislation.
Keywords: individuals, federal law 476-FZ, adjustmen, restructuring, indebtedness, citizens, bankruptcy, algorithm, financial manager, private persons
Article was received:16-10-2017
This article written in Russian. You can find full text of article in Russian here .