State Regulation in the Field of Insolvency: Evolution, Current Trends and Prospects

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Abstract

The article is devoted to the analysis of the forms and mechanisms of state participation in insolvency (bankruptcy) procedures in the Russian Federation. The purpose of the study is to identify trends in the evolution of regulatory regulation, control and supervisory activities and the procedural involvement of the state in bankruptcy cases, as well as to identify areas for improvement of this system. The research uses the methods of historical and legal analysis, the comparative legal method, as well as the analysis of law enforcement practice. As a result, it was found that state participation in bankruptcy proceedings has gone through several stages of development, starting with the formation of specialized control bodies in the 1990s to the introduction of modern mechanisms for the decentralization of powers and the creation of specialized institutions such as the Deposit Insurance Agency (DIA). The key aspects of government regulation are analyzed, including the role of the Federal Tax Service (FTS) in debt collection procedures, the activities of the Bank of Russia in the field of bankruptcy of credit institutions, as well as the functions of state corporations in the rehabilitation of backbone enterprises. The main conclusions point to the need to improve coordination mechanisms between government agencies, strengthen control over the activities of arbitration managers, and develop comprehensive measures to prevent intentional bankruptcy. Promising areas of development include the introduction of additional financial recovery tools for enterprises, improving mechanisms for protecting creditors' rights, and simplifying bankruptcy procedures for individuals.

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About the authors

Tatiana V. Shchukina

Ural Institute of Management of the Russian Presidential Academy of National Economy and Public Administration

Author for correspondence.
Email: shukina-tv@mail.ru
SPIN-code: 3833-8505

Dr. Sci. (Law), Associate Professor, Professor of the Department of Public Law and National Security

Russian Federation, Yekaterinburg

Artyom S. Sheludko

Ural Institute of Management of the Russian Presidential Academy of National Economy and Public Administration

Email: artemshel@yandex.ru
SPIN-code: 7131-5935

Postgraduate Student of the Department of Legal Support of Public Administration and National Security, Bankruptcy Manager

Russian Federation, Yekaterinburg

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