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a right protection of interest of the insolvent citizen-debtor

Institute of an inconsistency (bankruptcy) - the important tool, called to regulate property relations with participation of the persons who have become owing to objective causes not capable to execute undertaken.

Unlike bankruptcy of subjects of enterprise activity so-called consumer bankruptcy [255] has very small experience of application in domestic legal practice. Thus owing to specificity of subject structure of the given competitive relations bankruptcy of the physical person has essential features. It first of all concerns the purposes of carrying out of competitive procedures concerning the citizen-debtor.

In the literature as overall aims of the domestic bankruptcy usually allocate:

1) restoration of solvency of the debtor;

2) maintenance of proportional, proportional and fullest satisfaction of requirements of creditors;

3) maintenance of balance of interests of participants of competitive relations;

4) the exception of the civil circulation of those persons, which continuation of activity is impossible or is inexpedient;

5) granting of possibility to participants of the civil circulation after end of process of bankruptcy to be released from debt burden [256].

However it is necessary to notice, that concerning citizens the problem of an exception of the debtor from the civil circulation is not put. Procedures of an inconsistency of such debtor allow to give, on the one hand, to the physical person time - "respite" (i.e. Time period during which penal actions on the unsatisfied obligation are not charged) within three years, sufficient that the debtor has planned execution of obligations to creditors and as a result has restored the lost solvency, on the other hand, in case of unsuccessfulness or inexpediency of regenerative measures to receive clearing of debts.

As fairly marks V.V. Stepanov, specifying in distinctions of the purposes of an inconsistency of citizens and legal bodies, rules about consumer bankruptcy are necessary for maintenance of support of the consumer credit, consumer returning by an active economic life, in particular by its clearing of debts, and rules of bankruptcy of legal bodies are necessary for removal from economy of inefficient manufactures, including by means of restoration of their solvency.

Really, unlike legal bodies the citizen, both being in inconsistency procedure, and recognised as the bankrupt, does not lose the legal personality, continuing (behind some restrictions) to be the participant of a property turn. In particular, within the limits of inconsistency procedures by one of restrictions for the citizen necessity of the coordination of transactions with the financial managing director is. Also the law provides an interdiction for independent fulfilment by the debtor of transactions with property for the sum over fifty thousand roubles, real estate, securities, shares in the charter capital and vehicles, on reception of loans and credits, a guarantee summer residence under obligations of other persons, on granting of the property in pledge, entering of property into payment authorised (skladochnogo) the capital of the commercial organisations, fulfilment of gratuitous transactions. After a recognition of the citizen-debtor the bankrupt within five years it has not the right to take up extra obligations (to receive loans and credits) without instructions in contracts on the bankruptcy fact, during the given period it also is limited in possibility to occupy a post in controls of legal bodies.

[257]

At the same time from the moment of commencing a suit about bankruptcy the debtor gets additional possibilities of protection against requirements of the creditors. First of all it is expressed in the termination of charge of penalties and other financial sanctions (paragraph 4 of item 2 of item 213.11 of the Federal act from 26.10.2002 №127-ФЗ About an inconsistency (bankruptcy)) [258]. The important consequence of introduction of procedures of bankruptcy is also a frost of repayment of requirements of creditors for their uniform satisfaction. And, probably, the most important consequence of procedure of bankruptcy concerning the citizen-debtor - provided item 213.28 of the Law on bankruptcy possibility after end of calculations with creditors to be released from their unsatisfied requirements, including not declared in business about bankruptcy.

At the same time bankruptcy of the citizen does not release it from a number of obligations (item 3, 5 and 6 items 213.28 of the Law on bankruptcy), in which number of the requirement, not known to creditors at the moment of court ruling acceptance about end of realisation of property of the citizen; requirements on current payments, about collecting of the alimony, about compensation of harm of a life and to health, about payment of the salary and the severance pay, moral harm, and also others, inseparably linked with the person of the creditor; the requirements connected with attraction of the citizen to the subsidiary liability as the supervising person (gl. 3.2 laws on bankruptcy); requirements concerning compensation of the harm caused to property by deliberate act or at gross negligence prichinitelja, including caused to the legal body, which participant it was, or which member of the collegiate bodies debtor (the item was 53 and 53.1 GK the Russian Federation), connected with default or inadequate execution by the debtor of duties as arbitration managing director in business about bankruptcy; the requirements following from application of consequences of invalidity of the transaction of the debtor, recognised void on the basis of item 61.2 or 61.3 Laws on bankruptcy.

The named specificity of procedures of consumer bankruptcy has allowed some authors to come to conclusion about "prodolzhnikovom" character of the legislation on an inconsistency of physical persons.

However the given statement is not absolutely defensible. The domestic legislation really gives to the citizen-debtor special possibilities which can be applied contrary to interests of creditors, that, undoubtedly, characterises norms of the Law on bankruptcy as effective legal means (the first level) protection of interest of the debtor. However realisation of such possibilities is put in dependence on conscientiousness of behaviour of the debtor, excluding possibility of achievement of result of procedure of bankruptcy (clearing of obligations) in case of unlawful conduct of the citizen.

Besides, commencing a suit about bankruptcy of the citizen also gives to the creditor of possibility for contest of suspicious transactions of the debtor (item 61.2 of the Law on bankruptcy) and transactions with preference (item 61.3 of the Law on bankruptcy). The right to giving of the corresponding statement arises from a Date of Introduction of re-structuring of debts of the citizen. The creditor, which share can declare contest of transactions of the debtor in the general creditor debts included in the register, the financial managing director under the initiative or on the basis of the decision of meeting of creditors constitutes more than 10 %, and also. Thus the Law on bankruptcy does not do a difference between contest of transactions legal and physical persons on the specified bases.

Earlier in pravoprimenitelnoj to practice with doubt contest possibility on the bases specified in the Law on bankruptcy, actions which according to vessels did not concern transactions was estimated. However after fastening of a legal position by Plenum of the Supreme Arbitration Court of the Russian Federation, [259]

Reflected in item 5 of the Decision from 30.04.2009 № 32, according to which

Under transactions which can be challenged on the special bases, statutory about bankruptcy, are understood as well the actions which are execution of obligations, or the actions attracting the same legal effects, the situation has essentially changed. Besides, according to explanations of the Supreme Arbitration Court of the Russian Federation, on the specified bases can be challenged as the transactions made by the debtor, and the transactions made by other persons at the expense of the debtor, in particular: made by the creditor of the debtor the statement for offset; write-off by bank in bezaktseptnom an order of money resources from the account of the client-debtor on account of repayment of debts of the client before bank or before other persons, including on the basis of presented vzyskatelem in bank of the court order; transfer vzyskatelju in final process of the money resources which obtained from realisation of property of the debtor or have been written off from the account of the debtor; Leaving behind itself vzyskatelem in final process of property of the debtor or the pawnbroker of a subject of pledge (item 2 of the Decision of Plenum of the Supreme Arbitration Court from 23.12.2010 № 63) [260 [261].

The given list is not settling from what the conclusion follows, that the specified rules can be applied including at contest of the transactions directed on execution of obligations, arising according to housing, family and other legislation. In particular, on the bases specified in item 61.2 and 61.3, can be challenged also: the marriage contract, the agreement on payment of the alimony, the agreement on community property section, the agreement on definition of shares in the community property of spouses. According to the author, possibility of contest of such transactions is based on guarantees of the rights of creditors of spouses.

The law on bankruptcy also fixes possibility of application of competitive procedures and after death of the citizen-debtor.

In item 3 of item 223.1 of the Law on bankruptcy it is specified, that if after commencing a suit about bankruptcy of the citizen he has died or the arbitration court under the initiative or under the petition of the person participating in business about bankruptcy of such citizen is declared died, takes out definition about the further consideration of the given case by item 4 rules gl. 10 Laws on bankruptcy. There is a question: who in this case admits the debtor?

In the literature the opinion is expressed, that as the mass of the succession as the collation does not possess signs of the subject, and the estate-leaver has lost qualities of the legal capacity in connection with death, the debtor it is necessary

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To recognise the successor.

The Supreme Court of the Russian Federation has formulated other position, having specified, that in this case successors (the executor or the notary) are got by court to take part in business about bankruptcy as interested persons on the questions, concerning the mass of the succession, with the rights of the person participating in business about bankruptcy. Thus specified persons debtors on sense of the Law on bankruptcy do not become [262 [263].

Besides, according to a position of the Supreme Court of the Russian Federation the property of the successors who are not constituting the succession, in the bankrupt's estate does not join (item 1175 GK the Russian Federation, item 3 of item 223.1 of the Law on bankruptcy). Creditors of successors, obligations before which have arisen not in connection with inheritance, in business about bankruptcy of the citizen in case of his death do not participate.

According to item 1 of item 223.1 of the Law on bankruptcy business about bankruptcy of the citizen can be initiated after his death or its announcement the died. In the legal literature it is noticed, that in that case it is a question of bankruptcy of the mass of the succession [264].

It is necessary to notice, that owing to item 4 of item 223.1 of the Law on bankruptcy of the right and a duty of the citizen in business about its bankruptcy in case of his death or the announcement it died is carried out by successors of the citizen, and before their definition - the executor or the notary in a place of opening of inheritance. Thus the law limits powers of the notary only right on giving of the petition for transition to realisation of property and a duty to transfer to the financial managing director the information on the succession.

Thus, before the expiry of the term for inheritance acceptance (as a rule, this term cannot be less than 6 months) in business about bankruptcy of the citizen there is no the subject, capable to provide protection of interests of its successors.

Besides, there is also a problem of a competition of norms as it agree ch. 3 items 1175 GK the Russian Federation before acceptance of the inheritance of the requirement of creditors are shown to the executor or to the succession. In case of giving of such claim the court is obliged to suspend a legal investigation before acceptance of the inheritance by successors or heirless property transition in the property of public formation. However, apparently, the Law on bankruptcy of such duty on stay of proceedings does not contain. Thus, the probability of a competition of claims is great. Thus remains not clear, whether the successor who has accepted the inheritance has the right, to execute the requirement of the creditor which has arrived as item 1175 GK the Russian Federation if thus there can be a probability of impossibility of execution of requirements before other creditors.

Also it is represented obvious, that at will of the successor it has the right to pay off debts of the estate-leaver not only property from the mass of the succession, but also at the expense of the property. There is a question: whether it influences for the size and structure of the mass of the succession? Apparently, no as if requirements of creditors to the succession completely are not extinguished, inconsistency procedure proceeds.

One more problem question concerns term during which the creditor can address with the statement for a recognition of the died citizen the bankrupt. Whether it is possible to speak about succession presence when the requirement is shown after transition of the mass of the succession in the property of successors and has mixed up with other objects of the civil rights or it has been processed or improved?

Literal formulations of the named norms push on a conclusion, that the current legislation about bankruptcy and pravoprimenitelnaja practice, despite positions of item 1164 GK the Russian Federation on which the succession arrives from the date of opening of inheritance in the general common property of successors, goes on a way otgranichenija property of the successor from the succession got by it. Differently, to the succession including after its transition in the property of the successor, the special legal regime is applied.

Presence of a special mode concerning the succession essentially influences possibility of application of the tools providing protection of interests of the debtor and its successors. As the law in force supposes possibility of an establishment of insolvency of the mass of the succession, means applied today and tools of the law of succession get other value.

Thus, becomes obvious, that the current legislation besides the specific rights of the citizen-debtor as the subject of competitive relations gives to creditors additional possibilities on maintenance of their own interest. In this connection it is necessary to agree with I.V.Frolov that the modern concept of the legislation on an inconsistency (bankruptcy) cannot exist within the limits of enough simplified "procreditor" or "prodolzhnikovoj" concepts, and demands the differentiated approach [265]. More true is the statement, that the existing system of the legislation on an inconsistency urged to provide balance of interests of the debtor and creditors, giving to them special possibilities (legal means of the second level).

Features of application of legal means of the second level depend on a stage of development of competitive relations. Therefore it is possible to allocate the legal means applied to the purposes of maintenance of interest of the debtor, for commencing a suit stages about bankruptcy, and also at stages of carrying out of separate procedures.

The law on bankruptcy establishes signs of insolvency of the citizen, expressed in the following:

In the termination of payments by it under liabilities and-or obligatory payments in size not less than 500 thousand rbl. if they are not executed within three months from the moment of approach of term of their execution (paragraph 3 of item 3 of item 213.6);

In default more than 10 % of available liabilities and-or duties within a month;

In excess of passives over actives in property of the debtor;

In the final process termination in connection with absence of property.

At their presence prezjumiruetsja impossibility of execution by the citizen of the obligations that assumes application to it of inconsistency procedures.

The right to a reference to the court with the statement for a recognition of the citizen - of the debtor the insolvent competitive creditors and the debtor possess. Therefore the statement for a recognition of the debtor can be considered by the insolvent as legal means of maintenance of interest. Thus the law differentiates self-bankruptcy institute (that is procedure of the reference of the debtor with the statement for a recognition of the bankrupt) on the right of the debtor and to legislatively established duty.

The duty of the debtor under the reference with a corresponding petition is connected with presence of set of following conditions:

1) the size of unsatisfied liabilities constitutes not less than five hundred thousand roubles;

2) the satisfaction of the requirement of one or several creditors will lead to impossibility of execution of obligations to other creditors.

With a view of execution of the given duty the citizen should within 30 working days since the moment when to it became known specified above circumstance, to address in court with the statement.

Occurrence of the right of the citizen on a reference to the court is connected with a bankruptcy prediction, that is presence of the circumstances, obviously testifying that the citizen not in a condition to execute liabilities when due hereunder. Thus he answers signs of insolvency and-or insufficiency of property. The size of the liabilities not executed by the debtor in this case has no value.

The law on bankruptcy provides three procedures of bankruptcy of physical persons: re-structuring of debts of the citizen, realisation (sale) of its property and the conclusion of the agreement of lawsuit.

Re-structuring of debts - the first stage of procedure which is initiated as a result of approval by court of the statement submitted the creditor or the citizen. The re-structuring purpose is restoration

Solvency of the citizen-debtor before it will be declared by the bankrupt. In this sense the specified procedure is close to the procedure of financial improvement provided for legal bodies. After re-structuring introduction the financial managing director notifies creditors and establishes term for satisfaction of their requirements (item 2 of item 213.8 of the Law on bankruptcy). Then it holds meeting of creditors on which the re-structuring plan which term cannot exceed three years (item 2 of item 213.14 of the Law on bankruptcy) affirms.

It is important to notice, that the plan original project can be prepared directly citizen or someone from creditors of the debtor, however in any case it should correspond to the requirements containing in item 213.14 and 213.15 Laws on bankruptcy.

All prepared plans are considered at meeting of creditors. The plan is approved by the majority vote from the general poll of the competitive creditors (authorised bodies) which requirements are included in the register of requirements of creditors (item 213.16 of the Law on bankruptcy). If for any reason the re-structuring plan has not been presented by the citizen or someone from creditors of the debtor, the financial managing director leaves meetings of creditors the offer on a recognition of the citizen the bankrupt (item 4 of item 213.12 of the Law on bankruptcy).

After approval of the plan by creditors it is represented on the arbitration court statement. Court it is possible to carry to consequences of the statement of the plan of re-structuring, among other, introduction of the moratorium on satisfaction of requirements of creditors under obligations of the citizen bypassing the plan about re-structuring (except for the requirements provided by item 213.11 of the Law on bankruptcy); approach of the time of performance of requirements to the citizen (item 2 of item 213.11 of the Law on bankruptcy); necessity of reception of preliminary approval of the financial managing director on a number of transactions (item 5 of item 213.11 of the Law on bankruptcy), etc.

Owing to inadmissibility of misuse of right (item 10 GK the Russian Federation) the court can not approve the plan of re-structuring of debts (including approved by meeting of creditors) in following cases: the plan is obviously economically unrealizable; the plan does not provide, that to the debtor and members of a family being on its expense (including minor children and invalid) means for residing at a rate of not less size of the living wage established by the subject of the Russian Federation will be left; plan realisation will entail material breaches of the rights and legitimate interests minor (paragraph 6 of item 213.18 of the Law on bankruptcy).

The re-structuring plan also can be excellent court in cases: presence in it of doubtful data; the non-notification the citizen of the creditors about the circumstances specified in item 2 of item 213.13 of the Law on bankruptcy (a condition of possibility of working out of the plan of re-structuring); recognitions proved petitions of one competitive creditor or the authorised body (item 1 of item 213.23 of the Law on bankruptcy). If the plan is not executed or excellent, the court makes the decision on a recognition its bankrupt and enters procedure of realisation (sale) of its property.

The decision on introduction of procedure of realisation of property of the citizen (item 1 of item 213.24 of the Law on bankruptcy) is accepted by court in case the re-structuring plan has not been approved (is presented to court) by meeting of creditors or the court was cancelled by the re-structuring plan, thus realisation (sale) of property of the citizen is equated to a recognition of the citizen by the bankrupt (item 2 of item 213.24 of the Law on bankruptcy). The Bankrupt's estate is constituted by all property of the citizen which are available for date of decision-making vessels about a recognition of the citizen by the bankrupt and introduction of procedure of realisation of property of the citizen, the acceptances of the specified decision revealed or got after date (including a share in the community property of spouses). The exception constitutes property on which collecting according to the civil remedial legislation cannot be turned.

From the moment of introduction of procedure of realisation (a recognition of the citizen the bankrupt) capacity of the citizen is considerably limited. In particular, the court can limit departure of the citizen for limits of the Russian Federation (item 3 of item 213.24 of the Law on bankruptcy); the transactions made by the citizen without participation of the financial managing director concerning property, constituting the bankrupt's estate, admit insignificant; the debtor has not the right to open personally bank accounts and contributions in the credit organisations and to receive on them money resources (item 7 of item 213.25 of the Law on bankruptcy).

With a view of maintenance of interests of participants of procedures of bankruptcy the agreement of lawsuit also can be concluded. The decision on the conclusion of the agreement of lawsuit is accepted by the citizen, instead of financial operating (item 2 of item 213.31 of the Law on bankruptcy). In case of the conclusion of the agreement of lawsuit execution of the plan of re-structuring of debts of the citizen, and also action of the moratorium on satisfaction of requirements of creditors (item 5 of item 213.31 of the Law on bankruptcy) stops. If conditions of the agreement of lawsuit have been broken, manufacture on business about bankruptcy renews and concerning the citizen procedure of realisation of property (item 7 of item 213.31 of the Law on bankruptcy) is entered.

It is necessary to notice, that despite rather short period of application of institute of consumer bankruptcy, practice already reveals some serious blanks in its legal regulation. The main thing from them is that the current legislation fixes compulsion of regenerative procedures concerning the citizen-debtor, ordering necessity to enter procedure of re-structuring of debts anyway. The law on bankruptcy establishes only one exception of this rule (item 213.6 item 8) - an establishment court of that circumstance, that the citizen mismatches requirements for the statement of the plan of re-structuring of the debts, provided item 1 of item 213.13 of the Law. In other cases even if the debtor does not wish to restore the solvency, procedure of re-structuring of debts all the same comes under to application.

Owing to the specified circumstance courts of justice often refuse in a recognition of the debtor insolvent and enter procedure of re-structuring of debts contrary to desire of the debtor and other subjects of competitive relations.

Resolving the given question, courts, as a rule, recognise that the able-bodied citizen who has got to a difficult vital situation, nevertheless should take all possible measures to reception of incomes for the purpose of repayment of the debts: new employment, improvement of professional skill, specialisation change, transition to more modest consumption level (regarding motor transport, habitation, etc.), that can be settled

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Conditions of the plan of re-structuring. Thus the size of incomes, property presence, dependence of minor children and other circumstances, besides the fact of work capacity of the citizen-debtor, are not considered by vessels at an establishment of re-structuring of debts.

So, for example, the Arbitration court of Murmansk area in the definition on business about an inconsistency of the citizen has specified, that the debtor receives now the wages, which size below a living wage established in territory of Murmansk area. Presented to materials has put documents proves to be true, that the size of the income of the applicant considerably did not change in 2014 and 2015 and the debtor did not exceed 14 000 rbl. At the same time, having in charge of the minor child, receiving the size of the monthly income specified above, in June, 2014 has got car Tojota Hajlender of 2011 of release and since October, 2014 carries out actions on the conclusion of credit contracts with PAO the Savings Bank of Russia, joint-stock company Tinkoff bank and joint-stock company "Alpha bank". Thus any documents confirming failure to meet a date of execution of obligations before PAO "Savings Bank" and joint-stock company AIZHK MO, obligations on which assume entering of monthly payments into the sum exceeding 22 thousand of rbl., the applicant to court is not presented. On extracts from the account of the card opened by the debtor in PAO "Savings Bank", from January, 2014 till October, 2016 receipt of money resources in the size considerably exceeding sounded in present business by the debtor the income is traced. The resulted set of circumstances testifies to possible presence at the applicant of the income which has been not opened by it when due hereunder with a view of acknowledgement of the property inconsistency and allowing to execute the obligations

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See: Definition of Arbitration court of Irkutsk area from 10.02.2017 on business № А19-20443/2016; the Decision of the Fourth arbitration appeal court from 10.02.2017 on business № А10-3521/2016; the Decision of the Seventh arbitration appeal court from 10.02.2017 on business № А45-15413/2016//Access from legal-reference system

"ConsultantPlus".

Before creditors (in particular, before joint-stock company AIZHK MO and PAO the Savings Bank of Russia) during the period since 2014 to contain in charge of the minor child, and also to contain and serve the car till the moment of its withdrawal (to buy fuel and to pay the transport tax).

Thus, in the given case the arbitration court, refusing in introduction of procedure of realisation of property, was guided not by actual facts of a current financial condition of the debtor, and

The assumptions based on its research of the property

Positions during the previous period.

In this connection it is necessary to agree with the fair criticism stated by K.B.Koraevym to specified position of a law in force which truly notices, that restoration of solvency demands from the citizen of fulfilment of the active actions directed on repayment of requirements of creditors, including on increase in the size of the incomes (for example, search of new or additional work), reduction of expenses, etc. Similar behaviour is difficult to expect from the subject who is not possessing internal will, the solvency directed on restoration.

Moreover, such state of affairs is not equitable to interests of creditors, as obligatory introduction of procedure of re-structuring of a debt assumes introduction of the moratorium on satisfaction of requirements of creditors in action of the given procedure (i.e. Within three years). Thus in absence at the debtor of desire on restoration of the solvency to expect positive result of end of such procedure after the lapse of so considerable time it is not obviously possible. Position of creditors is aggravated also with that in carrying out of procedure of re-structuring property on which collecting as can be turned

278

Sm: Definition of Arbitration court of Murmansk area from 08.02.2017 on business № А42-7092/2016//Access from legal-reference system "ConsultantPlus".

278 See: Koraev K.B.legal regulation of procedure of re-structuring of debts of the citizen//the Law. 2016. № 7. With. 144.

The rule, remains in using of the debtor and members of his family and in due course loses in cost because of deterioration or ageing.

Under the specified circumstances it is difficult to reach maintenance of balance of interests of all participants of competitive relations. Therefore it is represented to more correct to change the approach existing in the legislation on obligatory introduction of procedure of re-structuring of debts of the citizen, having provided voluntary character of such procedure by analogy to procedure of financial improvement.

In case of an establishment of the circumstances testifying to unfair behaviour of debtors, possible abusings from their party it is possible to warn and bar better application of positions of item 4 of item 213.28 of the Law on bankruptcy, having fixed the refusal bases in clearing of the citizen of obligations following the results of business about bankruptcy in following cases:

Attraction of the citizen-debtor to criminal or administrative responsibility for wrongful acts at bankruptcy, and also for deliberate or fictitious bankruptcy;

Unaccordance the citizen of necessary data or

Granting of obviously doubtful data to the financial managing director or arbitration court if the given circumstance is established

The corresponding judicial certificate;

Other proved case of illegal behaviour of the debtor at execution of obligations by it before the creditor, declared in business about bankruptcy, including fulfilment of roguish actions, malicious evasion from repayment of creditor debts, tax evasion and gathering from the physical person, granting to the creditor of false data at credit reception, concealment or deliberate destruction of property, etc.

As fairly notices A.Vjazovik, in pravoprimenitelnoj to practice already there are cases when to the debtor it has been given up in clearing of execution of obligations in connection with its unfair behaviour expressed, in particular, that the debtor has taken up obviously unrealizable obligations (for example when monthly payments of the debtor under credits constituted 23 616 rbl. at the monthly average income in 21 485 rbl.).

According to the legal position stated in the Decision of Plenum of the Supreme Court of the Russian Federation from 13.10.2015 № 45 (item 42 paragraph 1), the establishment of such restrictions pursues the aim of diligent interaction of the debtor with other participants of competitive legal relations and are directed on bar of claim by lapse of time of concealment by the debtor of any circumstances which can negatively affect possibility of as much as possible full satisfaction of requirements of creditors, complicate the permission court of the questions arising at a legal investigation about bankruptcy, or otherwise to prevent a legal investigation. In the given sense in the form of clearing of debts the diligent person who is not supposing abusings should receive the privilege only

The right and aspiring to make all necessary actions with a view of calculation with

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Creditors.

Thus, the legislation on an inconsistency (bankruptcy) of citizens is the effective legal institution, called to provide balance of interests of creditors and the citizen-debtor who has become incapable to satisfy property requirements in full. Thus it essentially supplements an arsenal of legal means of maintenance of interest of the insolvent citizen-debtor among which it is necessary to name the statement for a recognition of insolvent, the project of the plan of the re-structuring, prepared by the debtor, the agreement of lawsuit with creditors.

280

See: Vjazovik And. About bankruptcy of physical persons and employers//the EZH-LAWYER. 2016.

№ 17-18. WITH. 8.

281

See: Bankruptcy of managing subjects: the textbook for bachelors / JA.O.Alimov, etc.; otv. red. I.V.Ershov, E.E.Enkova. M, 2016. With. 289.

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A source: Gajmaleeva Ajsylu Tagirovna. CIVIL-LAW PROTECTION of INTEREST of the DEBTOR In the CONTRACTUAL OBLIGATION. The dissertation on competition of a scientific degree of the master of laws. Ufa - 2017. 2017

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