MONITORING AS A NECESSARY PART OF THE BANKRUPTCY PROCEDURE AND THE INCOMPLETENESS OF THE RESTRUCTURING PROCEDURE OF SMALL AND MEDIUM-SIZED BUSINESSES

Author(s): Kyanganen V.A.

Rubric: Rostrum of the young scientist

DOI: 10.21777/2587-9472-2022-2.1-44-50

Release: 2022-2.1 (33)

Pages: 44-50

Keywords: insolvency (bankruptcy), debtor, monitoring, bankruptcy procedure, restructuring

Annotation: The experience of Russia shows that those enterprises that have entered the bankruptcy procedure, as a rule, cease their activities. At the same time, it should be noted that various methods exist abroad and are more actively used to prevent a company from being brought to bankruptcy. For example, in Western Europe, about 75 % of “problem” enterprises restore their solvency before the start of the litigation process. In the event that bankruptcy is inevitable, this procedure considered as a judicial way of restructuring the business of debtor organizations. The article shows that the choice of a system of entry into the bankruptcy procedure, different from the national models used, through the monitoring procedure is justified and has as a basis not only a formal legal aspect, which the Constitutional Court of the Russian Federation pointed out in its ruling, but also a deep economic sense based on the political economy of K. Marx, on principles of capital forming and its turnover. The methodological basis was formed by formal-legal, comparative-legal methods. The article proposes one of the possible ways to restore the activities of a limited category of enterprises belonging to small and medium-sized businesses.

Bibliography: Kyanganen V.A. MONITORING AS A NECESSARY PART OF THE BANKRUPTCY PROCEDURE AND THE INCOMPLETENESS OF THE RESTRUCTURING PROCEDURE OF SMALL AND MEDIUM-SIZED BUSINESSES // Journal of Legal Sciences. – 2022. – № 2.1 (33). – С. 44-50. doi: 10.21777/2587-9472-2022-2.1-44-50