ARCHIVE FOR 2010 RUSSIAN
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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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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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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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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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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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