2018Baikal Research JournalOpen access

The Order of Satisfaction of Creditors' Claims on Current Payments in the Bankruptcy Case: Problems of Applying Russian Legislation

Dmitry Rykov

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Abstract

The article examines the issues of the Russian bankruptcy legislation in time and the problems of its application arising in connection of meeting current payments. Analyzing the legislation regulating the relationships of insolvency (bankruptcy) before the entry into force of the amendments introduced by the Federal Law No. 296-FZ of December 30, 2008, attention is drawn to the insufficient regulation of the order of satisfaction of current claims, which in some cases completely blocks the entire bankruptcy procedure. As one of the solutions to this problem, it is proposed to envisage and legislatively fix the procedure for transition from regulation by law in the old version to regulation by law in a new edition. Adoption of such changes will solve the problem of meeting the requirements of current creditors in bankruptcy procedures introduced before the entry into force of the Federal Law No. 296-FZ of December 30, 2008.

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The article examines the issues of the Russian bankruptcy legislation in time and the problems of its application arising in connection of meeting current payments. Analyzing the legislation regulating the relationships of insolvency (bankruptcy) before the entry into force of the amendments introduced by the Federal Law No. 296-FZ of December 30, 2008, attention is drawn to the insufficient regulation of the order of satisfaction of current claims, which in some cases completely blocks the entire bankruptcy procedure. As one of the solutions to this problem, it is proposed to envisage and legislatively fix the procedure for transition from regulation by law in the old version to regulation by law in a new edition. Adoption of such changes will solve the problem of meeting the requirements of current creditors in bankruptcy procedures introduced before the entry into force of the Federal Law No. 296-FZ of December 30, 2008.

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Available abstract

The article examines the issues of the Russian bankruptcy legislation in time and the problems of its application arising in connection of meeting current payments. Analyzing the legislation regulating the relationships of insolvency (bankruptcy) before the entry into force of the amendments introduced by the Federal Law No. 296-FZ of December 30, 2008, attention is drawn to the insufficient regulation of the order of satisfaction of current claims, which in some cases completely blocks the entire bankruptcy procedure. As one of the solutions to this problem, it is proposed to envisage and legislatively fix the procedure for transition from regulation by law in the old version to regulation by law in a new edition. Adoption of such changes will solve the problem of meeting the requirements of current creditors in bankruptcy procedures introduced before the entry into force of the Federal Law No. 296-FZ of December 30, 2008.

Key concepts: Bankruptcy, Legislation, Insolvency, Creditor, Payment, Order (exchange), Business, Law

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