CC BY
70UDC 336
Zubarev I.S. Analysis of the bankruptcy of individuals:
innovations and alternatives
Zubarev I.S.
associate professor, department of finance, credit and economic analysis Federal State budgetary educational institution in the Perm state agricultural Academy, Perm
Abstract: This article highlights and analyzes new for the Russian Federation bankruptcy individuals. The work presents an analysis of newly introduced controversial provisions of the Law on Insolvency (Bankruptcy), based on the views of reputable lawyers, as well as on the work of academics in the field of law and economics. Also, the author gives a brief description of the most bankruptcy proceedings individual with lingua interpretation of the rules, as required in the law. Drawing a parallel with the legislation of Western countries, discussed the positive and negative aspects of innovation. These features of the legal regulation, and on this basis derived generalizations associated with the objects and advantages of production in individual countries. The basis of the study served as a law "On Insolvency (Bankruptcy)", demonstrated the imperfections of the legal framework, dedicated individuals. As a result of the material, the author concluded that the law is intended to regulate relations between citizens and the lending institutions to a greater extent. However, not all individuals who use innovations amendment in good faith, some not having the status of an entrepreneur can be a member of the cooperative, the shareholder, the owner of the share in the authorized capital of the entity, thereby deliberately expose themselves to action by authorized persons.
Keywords: insolvency, bankruptcy, an individual, the elimination of the debt, the creditor, the debtor, the arbitral tribunal
1. Introduction.
Globally, there are a variety of legislative approaches to solving the problem of so-called consumer bankruptcy, which involves the state of insolvency of an individual. On the one hand in a number of Western countries, such as France, Spain, Belgium, Italy, the recognition of insolvency of an individual is possible only if its relationship with the business. However, unlike the above-mentioned countries, in some countries there is a specific regulation, under which individuals have the right to get rid of their debts by way of a special handle production. Therefore, we have legal and economic regulation of the country will be studied in which the amendment has advantages in its practical application.
The emergence of the amendments to the law «On Insolvency (Bankruptcy)» in the form of Chapter. 10 «Bankruptcy of natural persons» [1], many academic economists attributed to the fact that the development of a huge consumer boom has led to excessively accessible elements of lending to individuals. The Russians took out loans for the purchase of a variety of subjects normal home environment, the acquisition of property and vehicles. However, the global financial crisis resulted in the consequences of not paying the debt on loans. Problem situations with non-payment of loans banks have passed on to collectors, with a view to the prompt their decision. But they were not always able to collect the debt, then the case was transferred to the court where the procedure could drag on for years. The results of these battles was the court's decision, which in most cases ignored the life circumstances of debtors, the court's decision on the side of the creditors.
2. Materials and methods.
The bankruptcy of a natural person is a kind of aloof, unlike bankruptcy of economic entities. First, an individual can not be in pure form to refer to the economic unity of the arbitration competitive process because of legal illiteracy or lack of knowledge of the law. And, in practice, all the participants of the case may seem that the debtor in the person of a citizen chosen the way of abuse of rights. In fact, a significant portion of individuals debtors do not even understand the legal nature of their situation and the consequences of bankruptcy.
Secondly, the individual is not in accordance with the Federal Law «On state registration of legal entities and individual entrepreneurs» business entity registered in the special register (register, EGRIP), so the individual bankruptcy procedures for individuals to practice do not give a tangible result.
Third, the individual itself, not having the status of an entrepreneur can be a cooperative member, shareholder, owner of the share in the authorized capital of the entity or have obligations that are inseparably linked with his personality. Here, in contrast to what has been said we can give an example, when, after the bankruptcy of a legal entity is liquidated, together with the commitments. With respect to an individual of such a process is not, as only the death of a natural person to a large extent cease his civil commitment. [2]
In Russia there is a change of the Insolvency Act of 2015, which provides for the texts that govern bankruptcy and individuals as an independent institution. The main regulatory prerequisite for its use is to have debts that exceed 500 thousand rubles, and failure to pay them lasted more than 3 months. Allowed adoption of a plan of debt restructuring for a period of 5 years, and the appointment of a temporary trustee (administrative manager). At first, all property of the debtor's bankruptcy estate forms, to be implemented. From it are excluded: only housing and the land on which it is built, state awards, plaques, clothing for normal use, fuels, household appliances, if not more than 30 000 rubles.
Before you recognize a person bankrupt, the following procedures are permissible:
1. a) debt restructuring, which is carried out primarily by transferring payment and installments in time. The prerequisite for this is the fact that the debtor's permanent monthly income and the absence of convictions for economic crimes. It is used most often in the creditor bank, which is a new repayment plan with a term of a maximum of 3 years. Failure to do so the plan is allowed to proceed to the sale of the debtor's property;
2. b) an agreement between the debtor and creditors, they regulate their relationship and are confident that it is subject to execution.
At impossibility of settlement of the payment method and the recognition of a person bankrupt, the court deprives him of the right to dispose of their rights and appoint him manager. Since then, the transactions made without his participation, will be void. The consequences of the procedure associated with a number of restrictions, such as disqualification from engaging in commercial activities; temporary restriction to leave the country, the prohibition to engage in administrative functions within 3 years, within 5 years of a loan is not allowed to credit institutions. When establishing a fictitious process criminally liable to imprisonment for a term of 6 years.
The law is not completely finalized, jurisprudence is not, and therefore will be able to get away from the large payments of loans from credit institutions or from payment of taxes to the budget not only in real bankrupt, but also scams. To avoid such risks, the law establishes responsibility for fraudulent bankruptcy, that is, false information about their ability to pay debts. The penalty for such an administrative offense for citizens is provided from 1000 to 3000 rubles. Administrative proceedings also applies concealment of information about their assets, a penalty — from 4000 to 5000 rubles.
3. Results and Discussion
Bankruptcy individuals — is primarily to get rid of loans, or outright cancellation. In other words, the recognition by the state and creditors of insolvent citizen and termination in relation to him all sorts of persecution, demanding enforcement of a debt. Therefore, we conclude that can be made that in the conduct of proceedings in respect of business entities — the main aim is to maintain workable enterprises and solvency recovery. Most of the population is in a quandary, having
multiple loans and not having the financial ability to repay them. Exorbitant interest rates during the economic crisis, low wages and growing inflation are the despair of borrowers of credit institutions. It is no secret that the adopted amendment to the bankruptcy law will focus on honest debtors who really are in a state of objective impossibility to pay its debts. [3]
In total, our opinion is that an amendment to the law «On Insolvency (Bankruptcy)» in terms of Sec. 10 «The bankruptcy of the citizens' will to solve the accumulated problems in the relationship between banks and creditors. This law seeks to increasingly regulate relations between citizens and the lending institutions.
References
1. On Insolvency (Bankruptcy) of the Federal Law of 26.10.2002, № 127-FZ (with additional izmen.i entered into force on 01/01/2017..)
2. Popondopulo VF Bankruptcy citizens: the substantive and procedural aspects // Laws of Russia. An experience. Analysis. Practice. 2015. № 9. S. 3-10.
3. IS Zubarev, NA Pantyukhina Comparative analysis of the bankruptcy proceedings in the United Kingdom, the United States and Russia // Sustainable economic development of industrial enterprises collection of scientific papers on the materials of the international scientific-practical conference. 2015. pp 26-30.
4. Tychinin S.V. Consumer cooperation from positions of civil law // The lawyer. 2003. № 8. P. 6-10.
