新冠肺炎疫情阴影下的偿付能力流程

Valdis Savickis
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引用次数: 0

摘要

作者在研究COVID-19大流行对破产程序的影响这一主题时设定了两个主要目标;第一个问题是确定禁止和限制的范围如何影响破产程序(特别是法律实体),第二个问题是确定在国家一级实施的法律和金融文书,在紧急时期影响偿付能力和破产程序政策。使用分析和描述方法,对规范性行为和政治规划文件进行了研究。历史方法提供了对监管框架的演变和发展的洞察。通过比较国家一级在管理和抑制COVID-19感染蔓延后果方面的法律和金融文书的范围,采用了比较法。在进行研究时,作者的目的是在行政和议会权力层面确定危机管理立法的具体内容,以及与破产程序领域特定法律框架的关系。国家宣布进入紧急状态,一方面制定了禁止和限制的范围,另一方面促进了有针对性的财政和法律援助。讨价还价的程度与法律实体破产领域的支助机制相平衡,突出了明确和可预测的破产政策。对禁止债权人提交法人破产程序申请的有针对性的限制与宣布紧急状态的两个时期同步进行。在持续至2021年3月1日的第二期紧急状态之后,制定了一项关于提交法人破产程序申请的更精确和更广泛的条例。在两个大流行时期(2020年秋季和秋季)发明的法律和金融工具的范围,在大多数情况下具有相同的性质,但从实施和可得性的角度不同。在这一特定领域,支持机制正在不断发展,创造出更灵活和更容易获得的大流行病恢复资金工具。关键词:破产,新冠肺炎,紧急状态,禁令,法人实体。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Maksātnespējas process Covid-19 pandēmijas ēnā
The author has set two main objectives researching the topic concerning the influence of the COVID-19 pandemic to the insolvency proceedings; the first one being identification how the scope of prohibitions and restrictions impact insolvency proceedings (in particular – legal entities), while the second concerns determining legal and financial instruments that have been implemented on national level, influencing solvency and insolvency proceedings policy during the emergency period. Using analytical and descriptive methods, normative acts and political planning documents have been studied. The historical method provides insight into evolution and development of regulatory frameworks. The comparative method has been applied by comparing the scope of legal and financial instruments on national level in the sphere of management and suppression of consequences of the spread of COVID-19 infection. Conducting the research, the author has aimed to establish specifics of crisis management legislation on both executive and parliamentary powers levels, and relationships with the specific legal framework in the field of insolvency proceedings. State, declaring the emergency state, invented scope of prohibitions and restrictions on the one hand, and promoted targeted financial and legal assistance on the other. The extent of bargaining was balanced with support mechanisms also in the sphere of insolvency of legal entities, highlighting clear and predictable insolvency policy. Targeted restrictions on prohibitions for creditors for submission of an application for insolvency proceedings of a legal person were synchronised with both periods of declaration of the emergency state. A more precise and extended regulation concerning submission of an application for insolvency proceedings of a legal person were invented after the second period of emergency state lasting until 1 March 2021. Scope of legal and financial instruments, invented on both pandemic periods (Year 2020 Fall and Autumn), in majority of cases were of the same nature, but with a different perspective of implementation and availability. In this particular segment of support mechanisms are evolutionary, inventing more flexible and accessible instruments of pandemic recovery funds. Keywords: insolvency, COVID-19, state of emergency, prohibition, legal entities.
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