Joint Bankruptcy of Spouses: Problems and Prospects of the Establishment of New Institution
- Authors: Mordukhaev M.O.1
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Affiliations:
- Higher School of State Audit of Moscow state University named after M. V. Lomonosov
- Issue: Vol 14, No 6 (2021)
- Pages: 171-178
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531392
- ID: 531392
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Abstract
Purpose of the research. The institution of bankruptcy is relatively new to the Russian reality. Nevertheless, it develops quickly. Bankruptcy is current among both legal entities and individuals and individual entrepreneurs. Socio-economic situation caused by the spread of coronavirus infection COVID-19 actualizes the problem of bankruptcy procedures. Despite the dynamic development of the legal regulation of bankruptcy, nowadays legislation don’t establish the joint bankruptcy of spouses. At the same time, in some court decisions there are positions according to which the bankruptcy procedure is carried out in relation to both spouses at once. The purpose of the research is to study and analyze the prospects and risks of introducing the institution of joint bankruptcy of spouses in the Russian Federation, analyze this institution in foreign countries, as well as to study judicial practice in the field of joint bankruptcy of spouses in the Russian Federation. Results. As a result of the study, several main results were drawn. The absence of the institution of joint bankruptcy of spouses in the Russian Federation is a legislative gap; this approach does not correspond to the modern dynamics of the development of public relations in the field of bankruptcy. Among the main advantages of joint bankruptcy of spouses, such advantages were identified as procedural savings, savings in legal costs, the creation of one register of creditors for two debtors at the same time, the possibility of considering a bankruptcy case of a spouse in one proceeding. The arguments of the courts used to refuse to combine bankruptcy cases of two spouses into one proceeding were analyzed. The author also studied and analyzed the provisions of the Draft Federal Law No. 835938-7 in the aspect of joint bankruptcy of the spouses, as a result of which the risks and disadvantages of the proposed rules were formed.
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About the authors
Mark Olegovich Mordukhaev
Higher School of State Audit of Moscow state University named after M. V. Lomonosov
Email: mark_98@mail.ru
Master Moscow, Russia
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