Legal regimes of bankruptcy

Abstract

The article is devoted to the analysis of the category of legal regime, its place in the mechanism of legal regulation. The author analyzes how this juridical category currently manifests itself in legal doctrine, legislation and judicial practice and gives his assessment to this. The article provides arguments that the legal regime, as an instrument of legal regulation, includes the norms of law, the legal positions of the highest judicial authorities and acts of the application of law, which has a positive informational and psychological impact on participants in civil turnover and provides legal guidance for the law enforcer. The importance of the legal regime is expressed in the fact that with its help it is possible to overcome situations of legal uncertainty and gaps in the law. Special attention is paid to the implementation of legal regimes in bankruptcy law. The author provides examples of imperative and dispositive methods, as well as strict and moderate types of legal regulation of insolvency relations. Legal regimes include both regulatory and protective measures. Based on the provisions of the Bankruptcy Law and judicial practice in insolvency cases, the author confirms his theoretical conclusions. Amendments aimed at improving the current legislation are proposed.

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