2 research outputs found
Supervision as the procedure applicable in the case of bankruptcy
The article is devoted to the monitoring procedure used in the bankruptcy case. The procedures used in the insolvency (bankruptcy) case are examined and analyzed. Bankruptcy is the debtor's inability recognized by the court of arbitration or the debtor's inability to fully satisfy the creditors' claims for monetary obligations and (or) fulfill the obligation to pay mandatory payments. Insolvency a legal entity may be recognized insolvent (bankrupt), with the exception of a state enterprise, an institution, political party and a religious organization. The Institute of Bankruptcy is known to all countries with a market economy and is one of the main elements of the mechanism of legal regulation of market relations. In the process of carrying out economic activities, organizations - subjects of the market economy enter into numerous relations with each other, with state bodies, banks and other organizations. Federal Law No. 127-FZ of October 26, 2002 "On Insolvency (Bankruptcy)" provides for the following bankruptcy procedures: supervision, financial recovery, external management, bankruptcy proceedings, amicable settlement. The emphasis is on the observation procedure. The purposes of introduction of procedure of bankruptcy are allocated. Conclusions are made about the expediency of using this procedure, its advantages and disadvantages are highlighted.Keywords: institute of bankruptcy, bankruptcy procedures, supervision, external administrator, debtor, credito
Contractual relationship in the practice of Russian federalism
The contractual mechanism of the federal relations regulation is fixed in the constitutional norms. However, the implementation practice for almost a quarter of a century indicates ambiguous tendencies. The paper analyzes the problems of concluding and implementing agreements on the distribution of powers and subject matters between the public authority of the Russian Federation and the subjects of the Russian Federation. On the grounds of contractual relations between the federal government and the government of the Republic of Tatarstan, the role and significance of this type of agreements in building the foundations of Russian federalism have been considered. The prospects of further use of contractual tools in regulating of the federal relations in new political and socio-economic conditions have been investigated. The idea that these contractual relations have a positive potential has been introduced. These agreements are an effective constitutional means for improving the federal relations in modern Russia. Treaties on the delimitation of powers and responsibilities are in line with the spirit of federalism and are capable of reflecting the peculiarities of a particular subject of the federation. The role of these treaties in strengthening the statehood of the republics within the Russian Federation has been emphasized. It is proposed to consider this type of contractual relationship as an additional opportunity within the framework of the general mechanism of delimitation of powers