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CHAPTER 2. FEATURES OF THE INCONSISTENCY (BANKRUPTCY) OF SEPARATE CATEGORIES OF SUBJECTS OF BUSINESS

One of the basic lacks before the operating legislation

0 bankruptcy it is necessary to recognise not differentiated approach to various categories of debtors at application to them of bankruptcy procedures.

The law on bankruptcy of the enterprises of 1992 did not do any distinctions between the legal body and the individual businessman; between large and frequently the only thing in settlement gradoobrazujushchim the enterprise and the broker office which was not possessing own property; trade enterprise and the credit organisation. Conditions and signs of bankruptcy of such debtors, and procedures applied to them, and an order of disposal of legal proceeding by arbitration courts were identical.

Now specificity of separate categories of debtors and the features of application connected with it to them of bankruptcy procedures appreciably is considered. First, in the novel about bankruptcy of 1998 it is a question of such categories of debtors, as: gradoobrazujushchie, the agricultural, insurance organisations, banks and other credit organisations, professional participants of a securities market. Secondly, a number of the special federal acts regulating features of bankruptcy of separate categories of the commercial organisations is accepted, [50] in a working out and acceptance stage there are projects of federal acts about an inconsistency of the organisations of the defensive industry and the organisations - participants of financial and industrial groups.

Some lacks inherent in general provisions of the novel about bankruptcy, of a certain - measure are overcome by rules of law,

Fixing features of a recognition bankrupts of some categories of the commercial organisations - debtors.

The analysis of features of legal regulation of bankruptcy of separate categories of debtors which are offered to be used at modification of the current legislation about an inconsistency is more low resulted.

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A source: Krashchenko Dmitry Anatolevich. BANKRUPTCY OF SUBJECTS OF BUSINESS IN THE RUSSIAN FEDERATION: PROBLEMS OF THE LEGAL REGULATIONS. The dissertation on competition of a scientific degree of the master of laws. Volgograd 2001. 2001

More on topic CHAPTER 2. FEATURES OF THE INCONSISTENCY (BANKRUPTCY) OF SEPARATE CATEGORIES OF SUBJECTS OF BUSINESS:

  1. CHAPTER 3. PERFECTION OF THE LEGISLATION ON THE INCONSISTENCY (BANKRUPTCY) OF SUBJECTS OF BUSINESS
  2. CHAPTER 1. THE LEGAL NATURE OF THE INCONSISTENCY (BANKRUPTCY) OF SUBJECTS OF BUSINESS
  3. 2. Concept of an inconsistency (bankruptcy) of subjects of business
  4. § 3. The basic problem positions of the legislation on an inconsistency (bankruptcy) of subjects of business
  5. § 2. Features of the legislation on an inconsistency (bankruptcy) of subjects of natural monopolies of a fuel and energy complex
  6. § 1.3. Features of protection of the rights and legitimate interests of separate categories of employees of police and other subjects
  7. § 3. Features of the legislation on an inconsistency (bankruptcy) of the organisations of the defensive industry
  8. § 5. Features of calculations on separate categories of debtors
  9. § 1. Features of the legislation on an inconsistency (bankruptcy) gradoobrazujushchih the organisations
  10. § 3. A role of participants of the tax obligation in business about bankruptcy. Influence of the persons participating in business about bankruptcy, on the maintenance of the tax obligation
  11. Chapter 1. The BASIC PROBLEMS of INSTITUTE of the INCONSISTENCY (BANKRUPTCY)
  12. Chapter 1. Tax obligations in affairs about an inconsistency (bankruptcy)
  13. CHAPTER 1. GENERAL PROVISIONS ON THE INCONSISTENCY (BANKRUPTCY) OF THE NONCOMMERCIAL ORGANIZATIONS