Право/ 12 .Предпринимательское и банковское право

Associate professor, candidate of philological sciences Shamratova A.R., Farhutdinova L.N.

FGBOU VPO «The Bashkir State Agrarian University», Ufa

STATE REGULATION OF BANKRUPTCY

The state establishes some different interdictions, restrictions, withdrawals regulating special procedure concerning the bankruptcy of the state managing subjects. They are:

- Withdrawal of the state enterprises from the subjects of bankruptcy;

- Granting of the right to local government councils to establish interdictions for bankruptcy of the enterprises concerning the municipal property;

- Establishment of the special mode of bankruptcy for separate categories of subjects of the enterprise activity: especially dangerous, agricultural, citizens-businessmen, etc.

Besides, the state establishes a special order of the alienation of property of the state enterprises in case of their bankrupt recognition. And the important role among general provisions on bankruptcy is occupied with its procedures (so-called remedial pluralism).

The influence on the debtor at various process stages about his inconsistency is carried out by means of the various measures directly provided by the law. Originally, at a stage of the excitation manufacture business, there are supplying it measures (imposing of arrests on the property debtor’s, its discharge from the management, analysis and establishment of the financial position of the debtor, etc.); in the presence of the restoration possibility of the debtor’s solvency there are regenerative measures (measures on a manufacture reshaping, sale of the enterprise the debtor’s, the measures which are carried out within the limits of the moratorium on creditor’s of creditor’s satisfaction requirements, a measure by a recognition of some transactions of the debtor void etc.) And, at last, the liquidating measures applied on the basis of the decision on the debtor’s recognition by insolvent (bankrupt), directed on revealing of the debt receivable of the debtor, formation of competitive weight, its realization, and also the measure on satisfaction of creditors’as requirements the sequence provided by the legislation).

The law on bankruptcy of 1992 divided bankruptcy procedures on reorganizing, liquidating and the agreement of lawsuit. Reorganizing procedures included external management and sanitation, liquidating procedures were assumed within the limits of the competitive manufacture. The law on bankruptcy of 1998 didn't use terms "reorganization" and "liquidation". At the same time in the legislation four procedures for legal bodies and two - for debtors-citizens were allocated [2].

The general were competitive manufacture and the agreement of lawsuit. For legal bodies they were preceded by the supervision and the external management. Besides, the law contained instructions that concerning the debtor can be applied and other procedures. It was a question of the simplified procedures of bankruptcy (about bankruptcy of the absent and liquidated debtor), and also about procedure of the voluntary announcement of the debtor about the bankruptcy.

The law in force about the bankruptcy of 2002 enters new reorganizing procedure – the financial improvement which allows to keep under certain conditions to founders (participants) of the debtor control over the enterprise even in the conditions of the brought actions about bankruptcy [1].

The situation developed in Russia concerning inconsistency regulation for today is far from a critical condition of such branches of the right as ground, tax, or administrative that promoted much by presence of quite tolerant federal law and traditional professionalism of judges of the arbitration courts considering the given category of disputes, but also some disturbing tendencies.

The activity of many organizations (financial, strategic, subjects of natural monopolies, transnational, etc.) influences economic interests not only certain creditors, but also regions, the state and the world economy as a whole.

In these conditions the purpose of the legislation on bankruptcy becomes not only to protect creditor’s interests, but also to solve the macroeconomic problems providing the human society the ability to live. Thus, besides procedure of competitive manufacture, in a modern judiciary practice regenerative procedures, including financial improvement and external management should occupy an important place.

Now the primary task of bankruptcy institute in the developed market countries is connected with the enterprise preservation, so, and the property of its owner by changing the control system by the enterprise, by granting delay and payment installments. The state and a society are interested not in enterprise-debtor liquidation, but in restoration of its solvency by means of the special procedures provided by the legislation on bankruptcy.

The literature:

1. About an inconsistency (bankruptcy) [the Electronic resource]: The law from October, 26th, 2002 N 127-FZ//Union of Right Forces «the Adviser Plus».

2. Karelin S.A.Mehanizm of legal regulation of relations of an inconsistency / of S.A.Karelin, Moscow, 2008. — With. 262.