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Exercising the Private Right to Appeal to the Arbitration Court to Be Declared Bankrupt
Abstract.The article is devoted to a new institution in the Russian law - private bankruptcy, i.e. bankruptcy of an individual who is not an entrepreneur. In her research Gerusova describes situations when the arbitration court has the right to initiate judicial proceedings to declare an individial as bankrupt as well as situations when an individual ought to appeal to the arbitration court himself or herself to be declared bankrupt. The author of the article carries out a brief analysis of the status of financial manager and particularities of his or her appointment. The author also describes court fees incurred by an individual in such a case. In the course of writing the article the author has used the systems approach, comprative law and legalistic method and modelling. The scientific novelty of the research is caused by the fact that the federal law that sets forth provisions about private bankruptcy that came into force on October 1, 2015. As we can see, private bankruptcy is a new institution, thus arbitration courts face new tasks now. This institution is understudied in Russian law studies, thus there is a need to study and improve it. As a result of the research, the author of the article describes the main reasons why the arbitration court may deny a private bankruptcy application. These include: application does not answer the requirements of procedural law, financial manager cannot be appointed, no money or assets to pay expenses for bankruptcy procedures. As a solution of aforesaid problems, the author of the article offers to develop a simplified private bankruptcy procedure that does not require a financial manager, and to involve prosecutors if necessary as well as to make courts responsible for discovery of evidence.
Keywords: rehabilitation procedures, private debt rescheduling, private asset sales, bankruptcy signs, insolvency, financial manager, insolvency officer, simplified bankruptcy procedure, court fees, private bankruptcy
Article was received:30-01-2018
This article written in Russian. You can find full text of article in Russian here .