Issues of protection of public interests in the law enforcement practice of bankruptcy of strategic enterprises
- Authors: Koval A.V.1
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Affiliations:
- Arbitration Court of the Moscow District
- Issue: No 4 (2024)
- Pages: 77-85
- Section: Court, prosecutor’s office, bar, notarial system
- URL: https://journals.rcsi.science/1026-9452/article/view/260973
- DOI: https://doi.org/10.31857/S1026945224040054
- ID: 260973
Open Access
Access granted
Abstract
The article is devoted to the scientific understanding of the current state and prospects for the development of the legal institution of bankruptcy of strategic enterprises in our country from the point of view of the need to ensure a balance of private and public interests in this area. The author conducts a retroactive analysis of the development of legal approaches to key issues arising in the bankruptcy of strategic organizations, analyzes positive and negative trends in law enforcement practice in this area. Based on this analysis, the author makes specific proposals for improving the current legislation in the field of bankruptcy of strategic enterprises, justifies the need to tighten the qualification requirements for court-appointed candidates for arbitration managers of strategic enterprises and organizations.
Full Text
About the authors
Alexey V. Koval
Arbitration Court of the Moscow District
Author for correspondence.
Email: lowyer_AVK@mail.ru
Judge of the Arbitration Court of the Moscow District
Russian Federation, 9 Seleznevskaya str., 127994 MoscowReferences
- Andreev S. V. Managing the process of financial recovery of an enterprise (on the example of strategic enterprises): dis. … Candidate of Economic Sciences. M., 2007 (in Russ.).
- Brezho M. A. Protection of the interests of the state in the bankruptcy of unitary enterprises and other commercial organizations with a share of state participation: dis. … PhD in Law. M., 2005. Pp. 15, 16, 163 (in Russ.).
- Karelina S. A. Mechanism of legal regulation of insolvency relations. M., 2008 (in Russ.).
- Markov P. A. Features of bankruptcy of strategic enterprises: dis. … PhD in Law. M., 2004. P. 50 (in Russ.).
- Mikhailova E. V. Settlement agreement (reconciliation agreement) in public law cases // Zakon. 2023. No. 4. Pp. 64–71 (in Russ.).
- Mikhailova E. V. The legal position of the prosecutor in arbitration proceedings // State and Law. 2023. No. 6. Pp. 36–44 (in Russ.).
- Mikhailova E. V. The functions of the prosecutor in the field of civil jurisdiction need to be strengthened // Legality. 2021. No. 8 (1042). Pp. 27–34 (in Russ.).
- Mikhailova E. V. Legal interest in cases involving the state // State and Law. 2023. No. 12. Pp. 80–86 (in Russ.).
- Popondopulo V. F. Competition law. Legal regulation of insolvency (bankruptcy): textbook. M., 2001. Pp. 54, 55 (in Russ.).
- Savenkov A. N. The global crisis of modernity // State and Law. 2022. No. 2. P. 104 (in Russ.).
- Stepanov V. V. Insolvency (bankruptcy) in Russia, France, England, Germany. M., 1999. P. 21 (in Russ.).
- Telyukina M. V. The conceptual basis for reforming competition legislation and the consequences of its absence // Business Law. The application “Business and law in Russia and abroad”. 2011. No. 3. Pp. 9–11 (in Russ.).
