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Access to Justice in Bankruptcy Cases
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Access to Justice in Bankruptcy Cases
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900032071-2
Publication type
Article
Status
Published
Authors
Evgeniy Fokin 
ORCID: 0000-0002-1121-6830
Occupation: Cand. Sci. (Law), Leading Researcher, Center of International Law and Comparative Legal Studies, ILCL
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Edition
Volume 28 Issue 11
Pages
46-58
Abstract

The subject of this study is the issues of ensuring the access to justice in insolvency (bankruptcy) cases. The author substantiates the relevance of understanding the judicial procedures for considering bankruptcy cases through the prism of the theoretical concept of accessibility of justice, and states its main approaches. Access to justice is proposed to be considered in three aspects: theoretical (doctrinal), legislative and practical. Ensuring the accessibility of justice in bankruptcy cases is also considered through these aspects. The problem of the applicability of theoretical interpretations of the concept of “justice” to bankruptcy cases is shown. The amendments to the Bankruptcy Law of 2024, developed and proposed by the Supreme Court of the Russian Federation, are considered in detail. It is emphasized that they modernize the procedure for considering bankruptcy cases and contribute to ensuring the accessibility of justice. The need for legislative specification of judicial control over the implementation of extrajudicial bankruptcies by multifunctional centers for the provision of state and municipal services is emphasized. The article examines the trends in the practice of the Constitutional Court of the Russian Federation, which in recent years has repeatedly addressed the issues of the constitutionality of procedural regulations for the consideration of bankruptcy cases. It is concluded that the constitutional control body in relation to this category of economic disputes has begun to form judicial doctrines that are of positive importance for ensuring the accessibility of justice. At the same time, the urgent task of law enforcement practice is the implementation of the legal positions of the Constitutional Court in judicial arbitration practice.

Keywords
insolvency (bankruptcy), bankruptcy cases, accessibility of justice, balance of interests of debtor and creditor, subsidiary liability
Date of publication
18.11.2024
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0
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13
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References



Additional sources and materials

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