Procedural form in insolvency (bankruptcy) cases: problem statement and choice of method

Abstract

There is no single consistent concept of the procedural form in bankruptcy cases in Russian scientific and judicial doctrines. The author proves that the procedural aspect of the phenomenon of insolvency determines the quality of the mechanism of legal regulation. Specific theoretical and practical issues are highlighted, the resolution of which is possible exclusively by procedural legal means: the place and role of the court in bankruptcy cases, the validity of procedural differentiation, the breadth of the circle of persons involved in bankruptcy and bankruptcy proceedings, the degree of socialization of the competitive process, etc. Noting that the development of a coherent concept of the procedural form depends on the correct choice of scientific research methods, the author suggests using system-structural, instrumental methods, as well as methods of abstraction and concretization. It is proved that the essential characteristics of the procedural form in bankruptcy cases are distributed in three projections: civil or investigative in nature; private or public law principles; liberal or social elements of development. A step-by-step methodology for further research is proposed.

References

1. Argunov, A.V. (2021). On the relationship between political ideology and procedural law. Arbitration and civil procedure, 7, pp. 3–4 (in Russ.).
2. Karelina, S.A. and Frolov, I.V. (2020). On the issue of models of classification of creditors in bankruptcy cases. Bulletin of Arbitration Practice, 6, pp. 14–26 (in Russ.).
3. Karelina, S.A. (2008). Mechanism of legal regulation of insolvency relations. Moscow (in Russ.).
4. Kerimov, D.A. (2000). Methodology of law (subject, functions, problems of philosophy of law). Moscow (in Russ.).
5. Kulakova, V.Y. (2024). Unity and differentiation of the procedural form. Actual problems of Russian law, 3, pp. 113–114 (in Russ.).
6. Maleshin, D.Y. (2020). Complex branch of enforcement proceedings law. Bulletin of the Civil Procedure, 4, pp. 58–88 (in Russ.).
7. Popondopulo, V.F. (2020). Legal understanding: a critical review of basic concepts. Russian Law Journal, 3, pp. 15–29 (in Russ.).
8. Puginsky, B.I. and Safiullin, D.N. (1991). Legal economics: problems of formation. Moscow (in Russ.).
9. Talykin, E.A. (2022). Historical and doctrinal interaction of liberal and social elements of the development of the procedural form. Bulletin of the Institute of Economic Research, 2, pp. 131–139 (in Russ.).
10. Talykin, E.A. (2016). Signs of a civil procedural form. Proceedings of Tula State University. Economic and legal sciences, 1–2, pp. 271–272 (in Russ.).
11. Tarasenko, A.A. (2023). Responsibility of participants in insolvency legal relations: material, procedural and socio-psychological aspects of the definition of the competent court. Law and Economics, 2, pp. 11–17; 3, pp. 31–38 (in Russ.).
12. Uksusova, E.E. (2017). Interrelations of civil procedural law with substantive law: problems of theory and practice. Actual problems of Russian law, 4, pp. 86–88 (in Russ.).
13. Uksusova, E.E. (2021). The problem of the right to appeal to the court: theory and practice of dualism and interaction of substantive and procedural law. Actual problems of Russian law, 12, pp. 79–81 (in Russ.).
14. Fokina, M.A. (2023). On the issue of some concepts of the civil process: the results of two decades. Bulletin of the Civil Process, 1, pp. 18–21 (in Russ.).
15. Shundikov, K.V. (2013). The synergetic approach in jurisprudence. Problems of methodology and experience of theoretical application. Moscow (in Russ.).
16. Keay, A. (2000). Insolvency Law: A Matter Of Public Interest? Northern Ireland Legal Quarterly, Vol. 51, 4, pp. 509–534.