<<
>>

§2. A pre-revolutionary stage of development (with 1740 for 1917) and the Soviet stage (with 1922 for 1991).

In the previous paragraph we have considered decisions of the Senate which have made essential impact on history of development of competitive relations. Now we will pass to research of normative acts and decisions of the state bodies which are of interest within the limits of the present work.

The decree accompanying the Charter of 1740, established, that now in all cases with bankrupts it is necessary to arrive on the basis and according to the accepted Charter. Nevertheless under the certificate of scientists, neither the Decree, nor the Charter never were are printed, promulgated. «If who knew about its existence, only as about the project» [33].

A.H.Golmsten explains this situation the intense relations which have developed at that time between the Senate and the Office: «the Office has absolutely suppressed the Senate of the shirokoju the power; formally, from an outer side, he, of course, submitted to it, but, offended by Office tricks, operated in a counterbalance to commands of the last» [34].

Consisted Having got tired about bankrupts of three parts including 74 articles. Action of positions of the Charter had the retroactive effect. It was applied Having got tired only concerning the subjects leading trading activity (the uncommercial inconsistency did not exist). The inconsistency was understood as such state of affairs at which the debtor in general does not have property for full satisfaction of creditors. Town halls, the Moscow Kommerts-board Office and Kommerts-board were competitive vessels.

It is necessary to note foreign participation in formation of this Charter to what application of the foreign legislation testifies, according to the Charter.

In 1753 the Senate undertook working out of the new project and «the charter composed by it the same year has been brought to the Empress» [35]. The new project repeated the maintenance of the Charter of 1740 except that the new project had no action retroactive effect. As competitive vessels are called: Kommerts - Board, the Main City council, founded from Kommerts-board Kommisarstvo, Office of the Main City council, G orodovye City councils and town halls.

Unfortunately, empress Elizabeth Petrovna has returned the project in the Senate. Soon, the decree from June, 8th, 1760 on Kommerts-board had been assigned a duty of revision of the Charter of 1753. The commission about duties have transformed to the Commission about commerce to which have charged working out of the new charter. On January, 3rd, 1763 a copy of the new Charter in which basis has been put "prozhekt" 1761, composed by "the unknown person», together with an extract have been sent on consideration to the Senate.

The charter included 55 articles consolidated in four heads, with following names:

- «About bankrutah in general, from what reasons in such condition can come»,

- «How to arrive to the forum after the announcement about bankrute from creditors»,

- «As to curators at competition to arrive»,

- «How bankrutov to amerce».

Under the charter what «though will have enough property admitted insolvent, but it debts hopeless, undependable or which reception is not soon expected. If such debts to include in an active and if thanks to it the merchant sees, that its passive exceeds an active on 25 % he poustavu can and not to declare that to creditors» [36].

One of features of the Charter of 1763 was the starting sum of all debts for competition opening — 3000 roubles. The Kommerts-board proved such sum that «competition in small affairs more to the expense, profit rather than, can bring» [37]. But also this Charter about bankrupts Imperatritseju has not been approved. Therefore already on February, 20th, 1764 the nominal decree Catherine II has assigned to the Commission about commerce a duty on drawing up of the new bankrupt charter. On January, 5th, 1768 the Commission about commerce has submitted on consideration to the Empress the project of the new charter.

The charter of 1768 practically completely repeated the maintenance of the Charter of 1763 with additions from "prozhekta" 1761, the Charter of 1753 and with the changes brought by the Commission about commerce. However and this Charter has not been approved by the Empress.

The major event of the beginning of XIX century for the bankruptcy was the Bankrupt charter accepted on December, 19th, 1800. It included some projects developed in XVIII century, and also the project of the charter of 1768 that testifies to attempt to codify the rule of law.

The novel consisted of two parts. The first part was called «For merchants and other rank of the trading people, having the right to oblige bills», and the second — «For noblemen and officials» [38].

The second part consisted of 111 articles, in 12 from them norms about bankrupts have been established, the others concerned mainly to the legal capacity of noblemen in the field of obligations relations. The basic idea consisted in, that vozderzhat noblemen and officials from bankruptcy. According to the charter, the debtor should declare the inconsistency, when «nedostanet at it to 30 % on rouble of the creditor sum» [39]. Thus, the uncommercial inconsistency was defined both trading, and. Concerning the sum of debts necessary for establishment of competition the Charter defined, that competition opens on all bankruptcies how the sum of active debts was small.

With Charter introduction about bankrupts 1800года the bankruptcy has received many short stories. The basic changes have concerned divisions of a trading and uncommercial inconsistency. There was a criterion displacement neoplatnosti towards an uncommercial inconsistency. In bankruptcy the legislator considered as the bankrupt the person who could not pay wholly the debts [40]. It was allocated three kinds of an inconsistency: unfortunate — as a result the bankrupt was completely released as from personal prosecution and property collecting (that is unsatisfied after realisation of property of the debtor of the requirement were repaid); careless and malicious — when bankrupts were not released from settling debt and upon termination of competition; malicious — at which bankrupts came under to punishment even if paid off with all debts. As we see, measures, characteristic bankruptcies for the prevention, as occurrence of competitive relations are traced probably at desire of several creditors. As the alternative to creditors was authorised to give to the debtor a time. The fact of occurrence of voting at meetings of creditors which was carried out by the majority of the sum of requirements is interesting, but the order of definition of this majority started with the following: 3/4 general numbers of creditors with the requirement sum, 2/3 from a total sum of debts, or 2/3 general numbers of creditors with the sum of requirements 3/4 total sums of a debt, or (at absence at meeting of the specified quantity of creditors) — more than 1/2 creditors with the sum of requirements are more than half of amount due. Special rules for relations where requirements are provided by pledge are established. For example, curators could redeem pledge, having paid the full amount due, — in this case the pledge subject arrived in the bankrupt's estate. If cost of the put in pawn thing is less, than the amount due provided with it this thing remained with the pawnbroker who forfeited the right to obtain on demand a difference from competition as at making contract the creditor «esteemed zaklad sufficient in maintenance of the money given to it». Besides the pawnbroker could give a pledge subject to the bankrupt's estate and demand satisfaction as the usual creditor.

The further development of the legislation on bankruptcy is characterised by issue of several decrees of the Senate. In 1806 the Decree which has established an interdiction for a choice of the curator from by-standers (not creditors) is published. The decree of 1809 established position which ceased bankruptcy proceedings in case of presence at the debtor of one creditor; thus the requirement of the creditor was satisfied in an order provided by the Decree.

In 1832 the new Charter about bankruptcy — a fruit century kodifikatsionnoj works as its many norms have been borrowed from charters 1740 already known to us, 1753, 1763, "prozhekta" 1761 and, of course, Charter about bankrupts of 1800 has been accepted.

The charter of 1832 consisted of nine heads who included 138 articles containing norms both material, and remedial character. Concerned only trade relations, provincial boards were engaged in an uncommercial inconsistency, being based on earlier developed positions which represented, according to jurists, "fragment".

Since 1832 the new strip of changes and additions of the operating Charter, and also creation of new projects begins. So, for example, Rules «About administration creation on bankruptcy affairs» on November, 18th, 1836 have been entered. On June, 29th, 1839 Rules «About supervision are published for

Office-work in competitions and about moving of competitions from internal cities of Empire in capitals and seaports ».

It is necessary to notice, that the Charter had both positive, and negative short stories.

«On completeness of decisions, on clearness of positions the Bankrupt charter 1800года costs above the Charter about an inconsistency of 1832, especially if to take into consideration the latest time of the edition of the last and existence of such sample as French Trading ulozhenie» [41].

The charter had difficult system of subsections of debts. For example,

Churches and monasteries had primary position. Further

Requirements on a payment were satisfied, and in the third turn the debts against treasury and competitive creditors were repaid.

At the same time allocation from among several creditors of the curator has allowed to solve more effectively questions on management of property and contest of transactions.

Later we connect increasing interest to an uncommercial inconsistency with the general tendency of struggle with rabovladeniem and slavery in the world. The question of cancellation of a slave-trade was considered on the Viennese congress of 1815, at the Berlin conference of 1885, at the Bruxelles conference 1890года where the declaration on cancellation of trade by slaves was accepted and corresponding certificates subscribed. As some modern jurists fairly mark, the specified events testify to the first and significant in the world struggle measures for the laws of persons, got to debt bondage, whose work is means of returning of a loan, return, as a rule, becomes impossible, is inherited by other relatives. [42]

So, in 1846 there was an important event — the Charter of 1832 has been extended on the persons making trade, and on persons doing not lead trading activity. Thus, the side between a trading and uncommercial inconsistency has been kept. At the edition of the Code of laws of position about bankruptcy were pomesheny in the second part of XI volume, and position about an uncommercial inconsistency — in the second part of X volume.

Changes by other certificates were besides, made:

- 1857 «About structure of competition and about subsidiary application of norms about bankruptcy to uncommercial»;

- 1858 the Law according to which debts are carried to requirements of the fourth category under documents, written contrary to rules about the stamp duty;

- 1859 the Law which has defined term of a presentation creditors of the third category of requirements in court — 3 months from the date of the announcement of definition of a recognition of the debtor insolvent;

- 1868 of the Rule about the procedure of affairs about an inconsistency both trading, and uncommercial in new tribunals (district courts considered cases about an uncommercial inconsistency, and also affairs about an inconsistency trading if in the given district there was no commercial court). Under the business general rule about bankruptcy considered courts commercial. G.F.Shershenevich considered as a lack Corrected an establishment of such difficult and motley system when «rules differ, looking not only on what sort an inconsistency — trading or uncommercial, — but also and on in what district of vessels the inconsistency» [43] takes place. A.A.Mattel agreed With this opinion, naming Rules of procedure about an inconsistency «in effect not rules, and a set of various changes, additions, features and exceptions to the rules» [44];

- 1884 the Law «About an order of liquidation of affairs of private and public establishments of the short-term credit».

Others were brought also, less essential, changes in Rules «About the procedure of affairs about an inconsistency», and these changes concerned norms both remedial, and the substantive law.

Affairs about an inconsistency uncommercial were made in district vessels by the rules stated in the Charter of legal proceedings trading, and also by rules, stated in the appendix III to article 1400 (primech.) the Charter of civil legal proceedings. Besides, at proceedings about bankruptcy some rules stated in Position about collectings civil were applied.

It is necessary to notice, that after the Charter edition in 1832 the question on creation of the new competitive charter was repeatedly brought up, «which would stand at height of the modern West European right» [45]. In 1847 the second branch of own its Majesty of office begins revision and Charter correction about bankruptcy. In 1864 the new project of the charter (further — the Project) which, unfortunately, and remained the project has been developed.

Further N.A.Tur was engaged in Project working out, work on it has been finished in the end 80-hgodov XIX centuries (according to some information, it has been written to the period with 1882 on 1888год). However the Project and has not been accepted.

Meanwhile it is obviously necessary to reflect some important points.

The project contained two parts concerning according to uncommercial and bankruptcy that has more brightly allocated distinctions between these kinds of an inconsistency. Norms about a trading and uncommercial inconsistency which contained in various volumes and heads, were consolidated in one certificate that was not earlier. Except for the separate chapter devoted to rules of procedure that became a criticism subject: «Mixture material and rules of procedure meets in both parts of the project, owing to what it

Much loses concerning convenience of understanding and using »[46]. Besides, the part the first under the name« About an uncommercial inconsistency »consisted of 20 heads, and a part the second« About bankruptcy »— from 2 heads; thus some general provisions of the first part were applied and to cases of bankruptcy [47].

The project entered the so-called competitive trustee who combined functions of the jury trustee and committee of bankruptcy, it «operated independently and only in more important cases has been connected by the consent of creditors as a part of committee or their general meeting» [48]; thus, for the control over activity of the competitive trustee it was supposed to create committee of creditors. The attention deserves also an order of appointment of the jury trustee — it was appointed court at inconsistency opening, but creditors already at the first meeting could select other trustee, which affirmed (or did not affirm) court.

Essentially other, in comparison with existing, the relation expressed in the Project to criterion of an inconsistency — neoplatnosti. According to N.A.Tura, «it would seem useful, without any distinction between a trading and uncommercial inconsistency, to cause opening over the debtor of competition by inability of the debtor to payment of debts, and in elimination kinds whenever possible the difficulties interfaced to reduction in popularity of the inability of the debtor to payment of debts, to specify those evident signs with which the law connects the doubtless assumption of an inconsistency of the debtor to payment of debts, namely: the termination by the debtor of payments; own recognition of the debtor; insufficiency of property on satisfaction of collecting made from the debtor and concealment of the debtor» [49]. Article 275

The project as the basis of a recognition of an inconsistency enters insolvency which is shown in the termination by the dealer of payments.

Check of claims declared by creditors was assigned by the Project to meeting of creditors in this connection it was offered to transfer this competence to the judge - to the commissioner with a view of elimination of possible unfair actions from the party собрания48. The post of the judge-commissioner was entered by the Project with a view of judicial review strengthening over competitions.

The project solved questions on invalidity of transactions of the debtor, prisoners before opening of an inconsistency (article 92-101); about execution (and possibilities of refusal of execution) contracts of the debtor (article 86-91); about offset of debts (article 140-143); about an order of reclamation from the bankrupt's estate of the property which is not belonging to the debtor (article 102-110); about the debts which are coming under separately from competition to satisfaction (article 111-123), etc.

The project kept position that in some cases the termination of competition does not mean repayment of the remained requirements — according to article 204 of the Project the creditors who have not received full satisfaction, can all without restriction dovzyskat upon termination of competitive process. N.A.Tur considered necessary to specify in the Project, that those from creditors who did not declare claims in конкурс49 have the same rights also.

It is necessary to notice, that some of positions of the Project and represent now certain interest; on them we will stop in process of consideration of separate problems of the bankruptcy.

Besides, there was N.A.Tura's constituted taking into account completion described above one more Project; it consisted of two heads: in the first substantive rules — «Material decisions about an inconsistency» have been collected; in the second — rules of procedure — «the Procedure has put about an inconsistency» 50. This Project has been developed taking into account [50 [51] [52] remarks, «arrived on the meant project (the Project 1889года) from tribunals, consultative as regards trade and the industry of establishments, universities and legal societies consisting at them and from some other establishments and persons» [53].

Meanwhile inconsistency cases met in an economic life of Russia even more often in spite of the fact that they took place and during the farthest periods of development of the Russian state.

The statistics of the states testified, that economic crises and political events, not only in Russia, but also in other countries, caused increase in number of cases of an inconsistency.

In 1911 in Russia it has been ceased payments for the sum of 207 million 874 thousand roubles [54].

In 1840 in France insolvent 2618 debtors, in 1860, in 1880 — 6295 and in 1900 9 294 have been declared. That is for each twentieth anniversary the number of cases of an inconsistency increased approximately on 50 % [55].

It has led to that in second half XIX centuries in Russia the attention to the bankruptcy has been raised. Despite the aggravated necessity for bankruptcy reforming, the competitive legislation of Russia represented «a sad chaotic picture» [56].

By the end of XIX century in Russia already there was a considerable quantity of the laws, directly concerning competition, legalisations on which in competitive laws there was a reference, and also decisions of civil law and legal proceedings [57] which on close communication with competitive laws at revision of the last should be adjusted with them.

Norms of the bankruptcy have been dispersed under all Code of laws [58].

After October revolution of 1917 civil-law regulation of questions of an inconsistency was expressed in not numerous certificates.

With introduction in 1921 of new economic policy (NEP), and also with expansion of a trade turnover cases of an inconsistency of owners of the private, trading and industrial enterprises of a steel widespread enough phenomenon. Upon termination of Civil war, in 1922 the Civil code of RSFSR [59] (further — GK RSFSR) is accepted. Its structure included norms of financially-legal character — as attempt to settle competitive relations with participation civil and commercial partnerships and physical persons. However the mechanism of application of the given norms in the Civil code of practice of RSFSR 1923 [60] (GPK RSFSR) has not been up to the end settled.

At the same time, wishing to create the new legislation which does not have anything general with an imperial mode, revolutionary movement cancelled the old legislation. As the certificate to that, Decree SNK from November, 24th 1917 serves

Year № 1 «About an interdiction of application of certificates of the period of Imperial Russia, cancelled

59

Revolutionaries [61].

Trying to fill missing norms, in 1923 rules about an inconsistency within the limits of the project of the Trading arch have been written, but they have not been approved. In due time A.F.Klejnman specified, that «judiciary practice, facing affairs about an inconsistency and not having before itself of any Soviet law, whether involuntarily entered on a way of the reception of pre-revolutionary rules about an inconsistency and chet revivals handed over in archive of history of bankruptcy proceedings» [62].

From vessels the Supreme Court of RSFSR subjected such actions to condemnation. Supreme Court plenum considered use of pre-revolutionary rules about competition contradicting spirit of the Soviet legislation and inexpedient on the substance of [63]. In the developed conditions courts of justice tried to resolve independently the generated situation which directly has been connected with absence of the law. It was possible to observe a way of independent law-making that was expressed in creation of the liquidating commissions, monitoring of activity Likvidkomov, etc.

Discriminating feature of a stage of development of competitive relations during the postrevolutionary period is state domination over legal bodies that was expressed in primary repayment of debts against the state and absence of any norms regulating an inconsistency of citizens, leading trading affairs.

The developed state of affairs did not meet requirements of a trading and industrial turn of that time. In 1927 narkomjust RSFSR the project of new rules about an inconsistency [64] which substantive provisions have laid down in a basis of the Law on addition GPK RSFSR chapter 37 «About an inconsistency of private persons physical and legal» which has been accepted VTSIK and SNK RSFSR on November, 28th, 1927 has submitted for consideration Sovnarkoma RSFSR. Norms of chapter 37 GPK RSFSR were applied only to physical and to legal bodies who were engaged in territory of the USSR in trading and-or industrial activity in the form of a craft, data about which came under to entering into the trade register [65]. In the specified law definitions of signs of an inconsistency of debtors, among which are given: the enterprises and the organisations, private physical and legal bodies. That was expressed in the termination of debt service payment by them over 3 000 roubles or the termination of payments on which bankruptcy was inevitable on a condition of their affairs.

In 1929 GPK RSFSR is supplemented with chapter 38 «About an inconsistency of the state enterprises and the mixed joint-stock companies» and chapter 39 «About an inconsistency of the co-operative organisations».

Affairs about a recognition of debtors were led by the insolvent taking into account changes and additions of chapter 37 GPK RSFSR, but by analogy to other adversary proceedings. As a result the announcement of an inconsistency and all actions connected with it, had character of a special kind of executive process which called as «liquidating process». Such affairs were considered by provincial court or district it district, regional or Main Court.

As it has already been noted, norms about an inconsistency were applied only to debtors trading. The institute of an inconsistency of citizens was absent, the rights to lead independent economic activities at them were not, an exception the-remained country economy. Concerning citizens on the occasion of approach neoplatnosti and upon the reference of collecting from their creditors RSFSR taking into account article 101 GK RSFSR were applied article 266 GPK, that is the satisfaction of requirements of creditors was carried out as civil legal proceedings by the reference of the claim to property of the debtor.

It is obvious, that value of institute of an inconsistency after termination NEPa disappeared, some existing norms of the bankruptcy gradually wrote off in archive. Among scientists the opinion was expressed, that «in vessels was not (or nearly so there were no) affairs about an inconsistency. Norms of these heads GPK have appeared invalid...» [66]. Despite it, the part of normative acts of the end of 50th years was stored by instructions on an inconsistency declared on court, but only as on the basis of the termination of legal bodies [67].

In Soviet time, during an epoch of action of a planned economy when the property could be only state, competitive relations had no chances of existence basically (the considered institute, could not be compatible to a planned economy at all and could not adapt to it that does not follow from the analysis of other institutes) [68].

As a matter of fact, the bankruptcy is institute exclusively market. Bankruptcy revival can be observed only with transition of the Russian economy to market relations. Jurists specify that «development of market relations in Russia has brought an attention to the question on revival of institutes of the right regulating enterprise activity on the agenda. One of such institutes is bankruptcy procedure» which fairly name an obligatory element of market relations [69].

In the Civil code of RSFSR of 1922, accepted in NEPa, the norms regulating consequences of a recognition of debtors by the insolvent contained. Code article 289 included cases of the termination of the special partnership, specifying on the announcement insolvent one of companions. The legislator defined the special partnership as a kind of the arrangement of two or more persons, wishing to lead joint cooperation for achievement of the certain economic purpose, thus persons participate in association the contribution monetary, or the labour contribution.

In articles 296 and 307 GK RSFSR were provided cases of liquidation of the general partnership. The mention of its liquidation in a situation when it has been recognised by court by insolvent is interesting. The legislator of the considered period understood associations of two and more persons as the general partnership for employment by enterprise activity.

Meanwhile cases of detection of signs of insolvency periodically caused questions in persons in judiciary practice that has found the reflexion in the historical documents created during Soviet time by controls. For example, in one of decisions of Ministerial council of RSFSR of 1958 it is specified in the termination of the legal person as consequence of a recognition its court insolvent [70]. In 1965 the decision of Ministerial council of RSFSR had been approved the housing co-operative Model charter which point 39 provided possibility of a recognition of activity of co-operative society stopped if that was preceded by an establishment court of its inconsistency [71].

Point 36 of the decision of Ministerial council of the USSR from October, 1st, 1964 [72] specified Strojbanku the USSR in possibility to declare the contract building and assembly organisations when due hereunder insolvent.

Passed by the Supreme body of RSFSR the Law from December, 25th, 1990 5 445-1 «About the enterprises and enterprise activity» [73] has begun formation of institute of an inconsistency. In point 3 of article 24 of it aktagovoritsja, that the enterprise which does not carry out the obligations, can be declared judicially insolvent (bankrupt) according to the legislation of RSFSR.

At the same time it is necessary to pay attention to the Decree of the President of the Russian Federation from June, 14th, 1992 № 623 «About measures on support and improvement of the insolvent state enterprises (bankrupts) and application to them

72

Special procedures ».

The basic accent in it is made on protection of the state enterprises. The given measure was a consequence of disintegration of the USSR, an astable situation in economy on the post-Soviet territory and spoke desire to keep and improve state property that follows from its preamble. Not pressing in the detailed analysis of efficiency of the accepted document, we will note the following. The decree of the President as the time certificate carried out two missions: 1) to try to settle an inconsistency of the enterprises with the state-owned property before federal act introduction, 2) to put into practice the conceived mechanisms which have found subsequently the reflexion in the Federal act «About an inconsistency (bankruptcy) of the enterprises».

Confirming to last mission, we will result positions of the Decree which establish following bases for a recognition of the organisations the insolvent:

- Default from obligations more than three months;

- neobespechenie the obligations within three months from the moment of approach of term of their execution;

- The amount due exceeding cost of property of the debtor in the double size.

It is necessary to notice, that the specified signs in the transformed form, but with preservation of their basic idea subsequently have found the reflexion in the first law on an inconsistency (bankruptcy) of 1992 and further have remained in current 2002. [74]

After acceptance by the Supreme body of the Law of the Russian Federation from November, 19th, 1992 № 3929-1 «About an inconsistency (bankruptcy)

The enterprises »[75] (further — the Law on bankruptcy of 1992) the Decree has lost the force.

All it svidetelstvet that transformations which have occurred in Russia in second half 80th years, have demanded creation of new regulation of relations of an inconsistency of the debtor. And only with acceptance in 1992 of the Law on an inconsistency (bankruptcy) of the enterprises it is possible to speak about restoration of institute of an inconsistency in Russia [76].

Generalising told, it is possible to draw following conclusions.

At a pre-revolutionary stage of development of uncommercial relations in the bankruptcy of Russia there is a differentiation of concepts «an uncommercial inconsistency» and "bankruptcy", the uncommercial inconsistency through a sign neoplatnost is thus allocated, that forms a question on presence of property at the debtor. The phenomenon neoplatnost, allows to characterise a property status of the debtor precisely for the first time; besides, it is necessary to carry to the specified period also other short stories, as the mechanism of the agreement of lawsuit; measures under the bankruptcy prevention; an order of satisfaction of requirements of the creditors provided with pledge and other.

Some scientists investigate features of an uncommercial inconsistency, in particular G.F.Shershenevichem, K.I.Malyshevoj, A.H.Golmstenom, N.A.round and others. Especially it is necessary to allocate G.F.Shershenevicha's works in which mentions of the subjectless concept in an uncommercial inconsistency where presence of the debtor is not solving whereas the property defines oplatnost a debt, i.e. the possible bankrupt's estate for the first time are found out, further in work its judgements about an inconsistency of citizens died, juvenile will be noted.

Told in many respects has defined the further process of legislative activity of an uncommercial inconsistency.

Bankrotnyj the charter of 1740, the Charter about bankrupts of 1800 and the Charter about bankruptcy of 1832 represent high-grade meetings of legislative activity which as a whole have made essential impact on development of institute of an inconsistency (bankruptcy) in modern Russia.

The Soviet period with 1922 for 1991 it is possible to name the period of decline of institute of an inconsistency (bankruptcy) as a whole and absence of an uncommercial inconsistency in particular, despite the found out positions applied to country economy (item 266 GPK RSFSR, item 101 GK RSFSR).

It allows to conclude, that competitive relations can exist exclusively in market conditions, they cannot exist in a planned economy mode.

Meanwhile, the vector of development of the lawmaking, forming institute of an inconsistency (bankruptcy) in market conditions, is in many respects defined proceeding from the general approach of a legal status of the subject in competitive relations.

<< | >>
A source: Alfyorova Liliana Markovna. COMPETITIVE LEGAL PERSONALITY of DEBTORS - the PHYSICAL PERSONS who are DOING NOT LEAD ENTERPRISE ACTIVITY. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2016. 2016

More on topic §2. A pre-revolutionary stage of development (with 1740 for 1917) and the Soviet stage (with 1922 for 1991).:

  1. §2. A pre-revolutionary stage of development (with 1740 for 1917) and the Soviet stage (with 1922 for 1991).
  2. §1. A historical stage of development till 1740
  3. §1. A historical stage of development till 1740
  4. 3.1. A problem of legal registration of stage-by-stage integration on the post-Soviet territory
  5. 1.2. «The Kimrsky text» during Soviet time (1917-1991)
  6. § 2. Genesis of system of a social provision of pensions in Russia (history of its development during pre-revolutionary and Soviet time)
  7. §3. Development of institute of the state judicial review behind activity of the international commercial arbitration in pre-revolutionary and the Soviet Russia.
  8. the CHAPTER II. The BASIC TRENDS of DEVELOPMENT of the IZHEGORODSKY PRESS: HISTORY And the PRESENT STAGE (1991-2013)
  9. the CHAPTER III. The NIZHNIY NOVGOROD PRESS AT the PRESENT STAGE (1991-2013) : The TYPOLOGY And DEVELOPMENT PROSPECTS
  10. § 1. Occurrence and evolution of subculture of criminals in pre-revolutionary Russia and during the Soviet period
  11. § 2. FORMATION And DEVELOPMENT of the CRIMINAL PROCEDURE LEGISLATION REGULATING POWERS of the PUBLIC PROSECUTOR ON SUPERVISION OF REMEDIAL ACTIVITY of INVESTIGATING AGENCIES, During the PERIOD with 1922 FOR 1991
  12. § 1. OCCURRENCE AND DEVELOPMENT OF INVESTIGATING AGENCIES AND PROCURATOR'S SUPERVISION IN PRE-REVOLUTIONARY RUSSIA
  13. 7.6. Features of economic development of the Soviet Russia in 1917–1927 gg
  14. §1. Doctrine development about a crime subject during the pre-revolutionary period
  15. the Legislation on legal bodies in pre-revolutionary Russia: origin and development.
  16. the Chapter II. Formation institutsionalnyh bases and development of the Soviet legal profession (1917 - the beginning of 60th)
  17. § 3. Research of questions of sources of the law of master and servant in a pre-revolutionary, Soviet and modern science of the law of master and servant