Articles

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.

The application of subsidiary liability of controlling persons in the bankruptcy of organizations is associated with the need to determine the list of the mentioned persons, as well as to assess their activities from the point of view of identifying the harmfulness of the consequences, the qualitative characteristics of the behavior of the subjects and determining the grounds for bringing to liability. In this case, a mass of evaluative categories are used that relate to the activities of controlling persons, which do not have meaningful formal consolidation in legislation, which forces law enforcement officials to strive to form a uniform practice. Evaluation categories in the area of application of subsidiary liability of controlling persons must be distinguished from evaluative concepts and legal principles that are applied on a borderline basis in private and public law. When conducting a comparative analysis of the doctrine and established judicial practice within the framework of civil, corporate and bankruptcy law, it can be concluded that it is necessary to form a unified approach to law enforcement in terms of identifying the proper subjects of subsidiary liability (actually controlling persons), as well as criteria for assessing their actions in the context of ordinary entrepreneurial risk, taking into account the economic feasibility of their decisions. This will allow for a more fair distribution of the risks of negative consequences of bankruptcy between creditors and persons liable on behalf of the debtor.

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.

Accurately valuing a land plot during bankruptcy proceedings requires a comprehensive understanding of its physical and legal characteristics. To determine its true value, the land plot must be analyzed not just as a two-dimensional surface but as a spatial entity. This involves considering not only the legal rights, restrictions, and encumbrances associated with the plot but also any structures on or beneath it, the surrounding territories it intersects, and information not yet recorded in the Unified State Register but subject to registration. By interpreting a land plot through its spatial dimensions, it becomes possible to refine valuation data and more precisely assess its real value — both as a static asset (at a specific point in time) and as a dynamic resource (for future use or development).

The article describes the long-term experience of teaching first-year master's students in the program "Legal Regulation of Insolvency (Bankruptcy)" at the Faculty of Law of Lomonosov Moscow State University, focusing on foreign and comparative law blocks. It discusses the tasks given to students for working with original English-language texts, as well as observations, challenges, puzzles, and discoveries encountered during their completion. Teaching materials cover the legislation, soft law, doctrine, and case law of European countries, the United States, and some other countries in their development, allowing comparison of foreign experience with domestic practice, tracing the interconnections between bankruptcy and other legal institutions, as well as social and economic phenomena, understanding stylistic features of foreign legal systems, and acquiring useful skills for working with professional foreign literature.

The article discusses the issues of applying the mechanism of subordination of claims of mortgagees in insolvency (bankruptcy) cases. The mechanism of subordination of creditors' claims secured by the debtor's pledge is differentiated depending on whether the claims of the debtor himself or a third party are secured. The grounds and mechanisms for protecting the rights and interests of creditors and bankruptcy estate are analyzed. The order of satisfaction of the creditor's claims, the obligation to which is secured by collateral, is considered, the order of satisfaction of the obligation secured by collateral is determined, if there are grounds for applying the subordination mechanism. The grounds for challenging the debtor's securing transaction for the obligations of a third party are considered. The consequences of qualifying the securing transaction as void on general grounds and contested on special grounds of the Bankruptcy Law are analyzed.

The formation of the digitalization process and the impact of digital technologies on the optimization of insolvency cases in the Russian Federation and foreign countries shows that practice inevitably turns to platform solutions to the challenges faced. The study of implemented technologies in specific cases and their correlation with legislative solutions in the field of insolvency (bankruptcy) allows us to identify the main effects of Big Data analysis, artificial intelligence, machine learning and neural networks, for the economic stability of companies, as well as to ensure the fairness of the bankruptcy procedure by the participants of the property turnover. The platformization of social relations has found its manifestation in different aspects of bankruptcy, starting with filing a petition with the arbitration court to declare the debtor insolvent (bankrupt) and publishing information on the progress of bankruptcy proceedings in the register of the EBRD, through electronic document flow and holding meetings of creditors with the help of technical means and bidding in electronic form, including the inclusion of digital assets in the bankruptcy estate, taking into account the results of financial condition forecasting and crisis management. At the same time, the creation of digital platforms or ecosystems has become a distinctive feature of the forms of bankruptcy work used in practice and legalized. The streamlining of relations in this sphere will make it possible to ensure cheaper, faster and simpler bankruptcy procedures, transparency of procedures, and, in general, to ensure fair distribution of the bankruptcy estate among creditors, taking into account the request of society.

The common interest acts as a basis for cooperation, sufficient to set aside differences and find a compromise. However, solidarity also manifests itself in a situation when interests are competing or even conflicting (opposite), as, for example, in the institution of insolvency (bankruptcy), which is considered in this article as legal means of implementing of constitutional principles of economic and social solidarity, which were enshrined in Article 75.1 as a result of amendments to the Constitution of the Russian Federation in 2020. The analysis of legal regulation of the institute of insolvency (bankruptcy) as one of the central institutions of market economy and business law, which is based on the idea of balance between private and public interests, led the author to the conclusion that the principle of solidarity manifested itself in domestic law long before it was enshrined in the Basic law. The article pays attention to the correlation of the principle of solidarity with the principles of good faith, reasonableness, proportionality and fairness, the realization of which in combination allows to find the necessary consensus in the triad of interaction between the state-society-business in insolvency (bankruptcy) relations.

The article examines the evolution of the judicial doctrine of the "single transaction", which appeared in judicial practice initially in resolution No. 25 of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015, and then further developed in judicial acts of the supreme judicial instance. The conclusion is made about the judicial doctrine as an atypical source of the institution of insolvency (bankruptcy), used to resolve disputes about challenging actions (transactions) in bankruptcy proceedings in order to prevent unfair actions by the debtor and his counterparties using complex and intricate schemes for the withdrawal of assets of the debtor, challenging which without using a single transaction structure is very difficult or impossible. The criteria of interrelation of actions (transactions) are highlighted, which make it possible to qualify a chain of actions (transactions) as a single action or a single transaction. Various types of interrelated transactions are indicated. The article analyzes the current judicial practice of challenging the chain of actions (transactions), revealing the true will of the parties who executed the withdrawal of the debtor's assets as a covered transaction through a series of actions that make it difficult to detect the true will of the subjects. The algorithm of actions of the arbitration manager (creditors) challenging a single transaction, as well as the legal consequences of the invalidity of the covered transaction, is analyzed.

The article is devoted to the analysis of the legal statuses of the most significant category of persons in bankruptcy cases, which include creditors whose claims are included in the register of claims. These individuals are a key figure in bankruptcy cases. The behavior of registered creditors has a special role and significance in the insolvency relationship both in relation to the debtor and in relation to other creditors. The paper describes a comprehensive system of creditors in bankruptcy cases, consisting of fourteen categories. The substantiation of the process of allocating a new category of creditors in the specified system — paid register creditors for obligations secured by a pledge of the sole residential premises of the bankrupt. The concept of the construction of the moral non-payment of registered creditors and ways to overcome it is formulated. The complexity and variety of tasks and functions currently facing domestic bankruptcy legislation are generating increased attention to registered creditors in bankruptcy cases. It is concluded that the nature of the behavior of registered creditors determines the current state and the general vector of law enforcement practice of applying the norms of legislation on insolvency (bankruptcy).