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ARCHIVE FOR 2010    RUSSIAN

Ноябрь 2010

CONTENT

 

OFFICIAL SECTION

 

 

 

 

COURT PRACTICE

 

IN COURTS OF WEST SIBERIA

 

 

 

 

 

 

L.Yu. Akbasheva Execution of Court Rulings
In accordance with the provisions of the Civil Procedure Code of the Russian Federation, a court ruling shall be legitimate and reasoned. The Ruling of the Presidium of Yamalo-Nenets Autonomous District Court dated June 30, 2010 approved recommendations for drawing up the texts of court rulings for the period until adoption of the unified standard for execution thereof.
Keywords: content and execution of a court ruling, terms
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O.G. Bychkova Limitations for Exercise of the Creditor’s Rights to Commence a Suit of Bankruptcy and the Debtor’s Rights to Alienate Property Prior to Bankruptcy
The article is devoted to the problem of defending creditors from wrongful acts of debtors intended to infringe the creditor’s property rights with the aim of reducing the bankrupt estate, as well as to the debtor’s abuse of its right to commence a suit of bankruptcy through “amicable” creditors, and the role of the Supreme Arbitration Court of the Russian Federation in formation of the practice of restituting property into the bankrupt estate in kind.
Keywords: exercise of civil rights in case of bankruptcy, wrongful acts of a debtor, restitution of debtor’s property, actual value of property
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V.A. Zvereva The Problems of Individual Entrepreneurs' Bankruptcy
This article focuses on the problems of individual entrepreneurs' bankruptcy. It determines the legal principle for identification of bankruptcy signs, as well as peculiarities of bankrupt estate formation and sale of property in consideration of a particular status of a debtor. The author comes to the conclusion that it is necessary to observe the balance of interests of the creditor and the debtor, public and private interests, as well as to introduce changes into the law on insolvency (bankruptcy).
Keywords: bankruptcy, individual entrepreneur, state registration of a legal entity, bankruptcy signs, partition of property
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I.V. Zuyeva Peculiarities of Entering into Settlement Agreement in the Course of Bankruptcy Supervision
This article is devoted to the peculiarities of entering into settlement agreement in the course of supervision. The author refers a settlement agreement to a civil dead. Besides, the author analyses the issue of defending public interests upon entering into and approving settlement agreements.
Keywords: insolvency (bankruptcy), supervision, settlement
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O.V. Kadnikova Investigation of Creditors’ Claims against Bankrupt Debtors at Court
The law guarantees the creditor filing a claim against the debtor prior to the moment of commencing the bankruptcy supervision procedure against such debtor the right to choose a remedy either in the form of a claim or under the procedure stipulated by the Law on Bankruptcy. However, it often happens that courts, which investigate creditors’ claims, leave the same unsolved as soon as the bankruptcy procedure against the debtor is introduced, in spite of the fact that the claim had been filed before the procedure started. This violates the rights of creditors and sometimes leads to impossibility of defining such creditors’ claims within the framework of bankruptcy cases.
Keywords: creditors’ claims against bankrupt debtors, creditor's remedies, debt recovery against bankrupt debtors
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S.M. Kryzhanovskaya The problem of Bankruptcy Trustees Disqualification
This article deals with possible factual grounds for application to bankruptcy trustees of administrative sanctions in the form of disqualification. The problem is considered from the point of view of material and procedural aspects of imposing liability stipulated by par. 3 of Article 14.13 of the Administrative Offences Code of the Russian Federation, based on the judicial practice of Omsk Region Arbitration Court.
Keywords: bankruptcy, bankruptcy trustee, disqualification
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Ye.A. Kulagina Legitimate Interests of Persons Being the Parties to a Bankruptcy Case and the Powers of the Self-Regulating Organization of Bankruptcy Trustees: Correlation and Legal Regulation Problems
This article focuses on the issues of membership in the self-regulating organization of bankruptcy trustees, and actions of the self-regulating organization upon excluding a bankruptcy trustee on the basis of his or her nonpayment of the membership fee and protection of creditors’ rights in case of organizations' insolvency (bankruptcy). The impact of corporate (internal) relations between members of the self-regulating organization of bankruptcy trustees on the debtors’ insolvency (bankruptcy) procedure is noted.
Keywords: self-regulating organization, nonpayment of membership fee, exclusion from self-regulating organization, interest holders’ rights
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L.Ya. Mikyanets Consequences of Violation by Third Parties of the Procedure for Filing to the Court the Declarations of Intent to Discharge Obligations Due to the Creditors
The number of third parties’ declarations of intent to discharge the obligations of a particular debtor and satisfy creditors’ claims in relation to insolvency (bankruptcy) cases has increased lately. As a rule, such declarations are filed to the court the day before the significant proceedings (commencement of another bankruptcy proceedings, announcement of an auction on the debtor’s property, etc.). Such declarations of intent are rarely executed in accordance with the requirements of the law. This article is devoted to the problems connected with the actions of the court upon identification of violations of the rules for execution of such declarations.
Keywords: declaration of intent, insolvency (bankruptcy)
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F.S. Skifsky The Law on Bankruptcy: Granted Opportunities…
This article is devoted to the problems of application of the Federal Law “On Insolvency (Bankruptcy)” with consideration to the changes introduced by the Federal Law No. 73-ФЗ, dated April 28, 2009 . Coming into force of this Law has significantly influenced the balance of powers and interests of parties taking part in bankruptcy proceedings. Alongside with all the benefits of this Law, bankruptcy trustees has been given wide opportunities of managing the debtor’s property and, as practice shows, their interests do not always coincide with the interests of the debtor and creditors.
Keywords: bankruptcy proceedings, bankruptcy trustee, remuneration of a bankruptcy trustee, expenses of a bankruptcy trustee, debtor’s property, financing of the bankruptcy proceedings
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O.V. Zorina Problems of Application of the Law on Bankruptcy in Judicial Practice
This article focuses on the current judicial practice problem of saving the creditor’s status in cases of bankruptcy when the procedure, within the framework of which the creditor has been included into the register, is cancelled.
Keywords: register, bankruptcy, creditor, restitution, bankruptcy proceedings
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Zh.A. Vasilyeva Procedural Problems of Investigating Requests for Excluding Creditors’ Claims from the Register of Bankruptcy Cases
Creditors’ claims may be excluded by the arbitration court considering the relevant bankruptcy case upon a request of any party to the case. The court shall reject excluding the claims from the register if the applicant’s reasons are limited to re-estimating conclusions of the court, made upon investigation by the court of the creditor’s claims in accordance with Articles 71 and 100 of the Law on Bankruptcy. The court excludes the creditor’s claims from the register of creditors’ claims, in case any circumstances preventing its inclusion into the register arise after the creditor’s claims have been included into the register.
Keywords: bankruptcy, list of creditors’ claims
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M.A. Kulik Some Problems of Realization of Court Powers in Relation to Insolvency Cases
This article covers topical theoretical and practical issues connected with procedural peculiarities of exercise by the arbitration court of its powers in the course of investigating the cases of insolvency (bankruptcy) based on the example of particular arbitration cases investigated at Altai Territory Arbitration Court, in accordance with the provisions of the Federal Law of the Russian Federation No. 127-ФЗ, dated October 26, 2002 “On Insolvency (Bankruptcy)”.
Keywords: insolvency (bankruptcy), arbitration proceedings
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