LEGISLATIVE CHANGES IN THE FIELD OF BANKRUPTCY OF A LEGAL ENTITY

Abstract

The relevance of the topic. The institution of bankruptcy of legal entities has been well established in the Russian Federation in recent years and is usually used as a judicial and liquidation procedure. Meanwhile, such events of the last few years as the coronavirus pandemic, the implementation of economic sanctions against Russia by the United States and Western countries have significantly affected the economic activities of many small and medium-sized enterprises and business organizations. A large number of legal entities have reached a state of bankruptcy, but the state has taken measures to introduce a moratorium on the bankruptcy of individuals. Goal. This article presents the grounds for legislative changes in the institution of bankruptcy of legal entities, as well as the positions of Russian civil scientists on this position. Methodology. The following were identified as the main research methods: formal-legal, contributing to abstraction from the economic essence of bankruptcy, its financial and economic side and analysis of the institution of bankruptcy itself; comparative-legal research method in terms of comparing the practice of applying pre-trial procedures for bona fide debtors in foreign countries and Russia; an interdisciplinary method, the use of which makes it possible to take into account the economic component in the institute of bankruptcy and the role of public administration and political decisions in the development and adoption of relevant legislative acts, etc. The source base was the draft Federal Law No. 1172553-7 «On Amendments to the Federal Law «On Insolvency (Bankruptcy)» and Certain Legislative Acts of the Russian Federation», scientific articles and dissertation research by Russian scientists on the problems of this study, which are in the public domain of the Russian State Library and Elibrary. Results and conclusions. On the part of the state and the business community, a search has begun for additional opportunities to preserve business, debtor companies in determining their corresponding signs of sustainability. First of all, these are pre-trial, rehabilitation opportunities, which include debt restructuring as a rehabilitation procedure. Scope of application. As a recommendation for amendments to legislation and bankruptcy and mediation practice.