在破产制度发展的背景下,国家对破产领域专门机构活动的监管演变

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引用次数: 0

摘要

俄罗斯破产制度形成和发展的30年历史,具有国家监管机构结构转变的复杂过程。然而,在实践中,破产制度并没有被证明是调节市场关系的有效机制,破产程序的实施回报率极低:如果在2015年,从1卢布的货币债权中返还给债权人6.3戈比(6.3%),那么在2021年,这一数字下降到3.5戈比(3.5%),这表明需要在反思破产机构改革经验的基础上进一步改进破产机构的组织单位。本研究的目的是在对俄罗斯联邦行政改革背景下破产立法的动态改进和方法变化的历史回顾中,确定一个专门的国家机构在破产问题上活动的发展阶段并使其系统化。作为研究的结果,对破产程序的国家管理系统的组织组成部分的改革和模式的识别进行了分期:从具有有限独立性的专门破产机构的集中式模式(1993年9月至1998年2月),到进一步加强其独立性和扩大其权力(1998年3月至2004年2月),过渡到分散的国家破产管理模式,根据其权限将各种职能转移到各个国家当局,授权机构的职能转移到俄罗斯联邦税务局。在现阶段,有一种趋势,加强组织块,以确保破产程序在俄罗斯联邦税务服务。从理论方法、司法实践结果和国际经验的综合角度出发,认为破产授权机构在破产案件中的作用日益增强,其建设性地位不仅有助于保护国家利益,而且有助于提高破产程序的执行效率,减少破产的刑事化,减少破产程序纠纷审理中的司法错误。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE EVOLUTION OF STATE REGULATION OF THE ACTIVITIES OF A SPECIALIZED AUTHORITY IN THE FIELD OF BANKRUPTCY IN THE CONTEXT OF INSOLVENCY INSTITUTION DEVELOPMENT
The thirty-year history of the formation and development of the institution of bankruptcy in Russia is characterized by complex processes of transformation of the structure of its state regulation bodies. However, in practice, the institution of bankruptcy has not proven itself as an effective mechanism for regulating market relations, demonstrating an extremely low level of return on the implementation of bankruptcy procedures: if in 2015, 6.3 kopecks (6,3%) were returned to creditors from one ruble of monetary claims, then in 2021 this figure dropped to 3.5 kopecks (3,5%), which actualizes the need for further improvement of the organizational unit of the insolvency institution based on rethinking its reform experience. The purpose of this study is to identify and systematize the stages of development of the activities of a specialized state body on bankruptcy issues in the historical retrospective of the dynamic improvement of bankruptcy legislation and changes in approaches in the context of administrative reforms in the Russian Federation. As a result of the study, a periodization of the reform and identification of models of the organizational component of the system of state management of bankruptcy processes was carried out: from a centralized model with limited independence of a specialized bankruptcy authority (September 1993 - February 1998) with further strengthening of independence and expansion of its powers (March 1998 - February 2004) and the transition to a decentralized model of state bankruptcy management, when diverse functions were transferred to various state authorities in accordance with their competence, and the function of the authorized body was transferred to the Federal Tax Service of Russia. At the present stage, there is a tendency to strengthen the organizational block for ensuring bankruptcy procedures within the Federal Tax Service of Russia. From the standpoint of the synthesis of theoretical approaches, the results of judicial practice and international experience, it was concluded that the role of the authorized body in bankruptcy cases is growing, the constructive position of which contributes not only to protecting state interests, but also to increasing the efficiency of the implementation of bankruptcy procedures, reducing criminalization bankruptcies, judicial errors in the consideration of disputes in bankruptcy proceedings.
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