Common Mechanisms of Violations of Creditors' Rights in Bankruptcy Procedures
- Authors: Vasilyeva O.N.1, Mikhailov D.Y.1
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Affiliations:
- Financial University under the Government of the Russian Federation
- Issue: Vol 18, No 3 (2022)
- Pages: 184-188
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/531970
- ID: 531970
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Abstract
The purpose of the research. The article is devoted to the analysis of common mechanisms of violations of the rights of creditors in bankruptcy procedures based on the actual judicial practice. The article discusses existing methods of violation of the rights of creditors, depending on the bankruptcy procedure or subject of the violation. Analyzed legal nature of various types of violations in Russian law. Results. As a result of the research, the author comes to the conclusion that the classification of violations is possible depending on the current bankruptcy procedure, or on the subject of violation. Analysis of violations in the pre-bankruptcy period related to the realization of the debtor's assets and the creation of fictitious accounts payable. In the monitoring procedure, the significant part of all violations are connected with inclusion of a fictitious involved party from the side that is with the debtor involved in the creditors list.
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About the authors
Oksana N. Vasilyeva
Financial University under the Government of the Russian Federation
Email: onvasileva@fa.ru
Сand. Sci. (Law), associate professor, Faculty of law Moscow, Russian Federation
Dmitrii Yu. Mikhailov
Financial University under the Government of the Russian Federation
Email: mih123654@mail.ru
Master of Law Moscow, Russian Federation
References
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