E.Yu. Alekseeva , 

Assistant, Postgraduate Student of Department of Civil Procedure of Siberian Federal University, 

Head of the Legal Department of LLC “Economic-legal Centre” 

The article is devoted to the identification of possible problems in the national bankruptcy reform model over against the model of the other nationalities, in this case – the USA. The author analyzes some of the features of the legal regulation in the USA bankruptcy relations and concludes that not only the perfunctory need of change of the substantive procedures must be taken into account in the issue of the national bankruptcy reform model (“view from above”), but also the judiciary and the judicial process procedures in the context the harmonization of the procedural law, which extends as priority in the continental law in the XXI century. The mechanism of functioning of the Federal law “On insolvency (bankruptcy)” 2002 illustrates the embodiment of it “procreditor” model insolvency: creditors’ meeting has significant weight when making decisions about procedures. If the legislator intends to change the approach to the application of the insolvency procedures and make it balanced, we believe that the approach to the mechanism of functioning of insolvency will generally diametrically change. The reform of insolvency law is seen as problematic, because the question of the definition of the types of procedures in proceedings on the insolvency (bankruptcy) is unresolved. Moreover, the question of the nature of the proceedings on the insolvency (bankruptcy) remains controversial as the definition of the nature of the subject matter of a possible trial – “the case of insolvency (bankruptcy)” – gives rise to different judgments, because it has complex content (the sum of the various civil law, public relations). Insolvency proceedings (bankruptcy) is a set of different procedures by nature, united by a single, to a certain extent formalized, the beginning: they are all produced in connection with the initiation of insolvency (bankruptcy) of the debtor. 

Keywords: insolvency (bankruptcy); “prodebtor” and “procreditor” models of bankruptcy; judicial proceedings. 

References 

Alekseeva. E. Y. On the precondition of the establishment of the current model of the American bankruptcy. Teise. 2016. Vol. 98. 

Mann B.H. Republic of Debtors: Bankruptcy in the Age of American Independence. Cambridge, Massachusetts; London, England, 2009. 

Ree K.H. van. Garmonizacija grazhdanskogo processa v global’nom masshtabe [Harmonisation of civil process on a global scale]. European enforcement process and executive law: a collection of materials of the international scientific-practical conference. Kazan, 2011 (in Russian). 

Storme M. Approximation of Judiciary Law in the European Union / Rapprochement du Droit Judiciaire de l’Union europeenne. Kluwer, Dordrecht, 1994.

Sahnova T.V. Procedury v civilisticheskom processe (nota bene k budushhemu) [Procedures in the Civil process (nota bene for the future)]. Teise, 2009. Vol. 71. P. 25 (in Russian). 

Popondopulo V.F., Slepchenko E.V. Proizvodstvo po delam o bankrotstve v arbitrazhnom sude [Production of the bankruptcy in the arbitral court]. SPb.: Juridicheskij centr “Press”, 2004 (in Russian). 

Information about the author: 

Alekseeva E.Yu. (Krasnoyarsk, Russia) – Assistant, Graduate Student of the Department of Civil Procedure Siberian Federal University, Head of the Legal Department LLC “Economics and Law Center” (660075, Krasnoyarsk, Maerchaka st., 6, room 3-09A; e-mail: [email protected]).