Concept of legislative reform of insolvency in Germany and Russia: comparative analysis

Objective: on the basis of the scientific and comparative legal analysis of the most effective legal means at the present stage of development of the institution of insolvency, propose a change in the concept of the Federal Law “On Insolvency (Bankruptcy). The conclusions of the author are based on the works of such civil law researchers from Germany as Breuer. K. Schmidt, Verhoeven. Model: rules of the Federal Law "On Insolvency (Bankruptcy)" in most need of changing are identified. Conclusions: it was formulated that the enterprise group should be settled as a debtor in the insolvency proceedings, as was done in Germany during the reform, the concept and characteristics of the enterprise group on German law were given, the material and formal concentration of insolvency procedures were identified. The relevance of subordinating the claim of the founders (participants) of legal entities that have granted loans to it is indicated. It has been established that the efficiency of the insolvency proceedings depends on the application of financial rehabilitation measures, which predetermines the analysis of the legal means used in the reorganization of legal entities and its enterprises, an assessment is made of the legal remediation tools used by enterprises in Germany. The possibility of subsequent use of the study: the results of the study can be used to study the status of the debtor participating in the insolvency proceedings and its creditors, the legal means used for the purposes of the transmittable rehabilitation, as well as during developing the concept of the Federal Law "On Insolvency (Bankruptcy)" Practical value: this paper can be used to study the problems of insolvency. Social consequences: elimination of the imperfections of the legal rules applied in case of insolvency, insolvency of the debtor, achieving a balance of interests of the participants of the insolvency proceedings. Originality / value: this article details the first evaluation of the concept of Insolvenzordnung and the Federal Law "On Insolvency (Bankruptcy)".

insolvency (bankruptcy), insolvency procedures, enterprise group, founder’s subordinate claim, rehabilitation, transmittable rehabilitation