在俄罗斯联邦破产制度改革背景下破产受托人专业地位的社会和法律问题

IF 0.4 Q3 AREA STUDIES
S. V. Polutin, R. V. Motkin, V. N. Motkin
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引用次数: 0

摘要

介绍。这项研究的意义在于扩大经济社会学领域的理论发展,特别是在国家杜马审议第1172553-7号“关于修改联邦破产法(破产)和俄罗斯联邦某些立法法案”的法律草案的背景下,预测破产中受托人职业地位的社会和法律方面的变化。根据所进行的研究结果,本文确定了在新的法律被采用和颁布的情况下,破产受托人的社会专业地位的潜在变化。材料与方法。该研究的信息库包括对俄罗斯联邦2016-2020年破产程序结果的一系列统计数据(包括区域背景)的二次分析,以及对管理破产机构活动的最新国内法律框架的二次分析。已经确定了影响俄罗斯联邦破产机构清算方向的因素,以及在满足债权人要求的最低数量下,破产程序持续时间增加的趋势;对于破产中受托人的低效率提出了反驳;关于破产中受托人工作量逐年增加的论点已得到统计支持。对法律草案进行了批判性分析;已经确定,如果采用拟议的固定薪酬和按百分比计算的薪酬结构的变化,破产受托人的工资可能会下降。已经确定了拟议的用于批准破产受托人的评分制度中的法律漏洞。讨论与结论。所进行的分析使我们能够揭示破产程序结果的主要趋势,并查明正在审议的第1172553-7号法律草案(改变破产中受托人的薪酬结构,以及采用评价其活动的评级制度)的若干重大缺点。这项研究的结果可能对专门研究经济和法律的科学家以及破产领域的专家有用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Social and Legal Aspects of the Professional Status of Trustees in Bankruptcy in the Context of the Reform of the Institution of Bankruptcy in the Russian Federation
Introduction. The relevance of the research consists in expanding theoretical developments in the field of economic sociology, particularly, in prognosticating changes in the social and legal aspects of the professional status of trustees in bankruptcy in the context of the State Duma's consideration of the draft law No. 1172553-7 “On Amendments to the Federal Law ‘On Insolvency (Bankruptcy)’ and to Certain Legislative Acts of the Russian Federation”. Based on the results of the conducted research, the article identifies potential changes in the socio-professional status of a trustee in bankruptcy in the event the new law is adopted and enacted. Materials and Methods. The information base of the study included a secondary analysis of the array of statistical data on the results of insolvency proceedings in 2016-2020 in the Russian Federation (including the regional context), as well as a secondary analysis of the latest domestic legal framework governing the activities of the institution of bankruptcy. Results. The factors in the liquidation orientation of the institution of insolvency in the Russian Federation, as well as the trends in the increase in duration of insolvency proceedings with a minimum number of satisfied creditor claims have been identified; counterarguments have been presented regarding the alleged low efficiency of trustees in bankruptcy; arguments concerning the annual increase in the workload of trustees in bankruptcy have been statistically supported. A critical analysis of the draft law has been performed; the risks of decline in wages of trustees in bankruptcy in the event of adoption of the proposed changes in the structure of fixed and percentage-based remuneration have been identified. Legal gaps in the proposed point-rating system for the approval of trustees in bankruptcy have been identified. Discussion and Conclusion. The performed analysis made it possible to reveal the main trends in the results of insolvency proceedings, as well as to identify a number of critical shortcomings of the draft law No. 1172553-7 under consideration (change in the structure of remuneration for trustees in bankruptcy, as well as introduction of a rating system for evaluating their activities). The results of the study may be useful to scientists specializing in economics and law, as well as to experts in the field of insolvency.
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自引率
33.30%
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37
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