Open AccessProblems of Proof of Application of Sufficient Measures With Respect to the Property of Persons Attracted to Subsidiary Responsibility in the Case of Bankruptcy
Author(s) -
Sh.D. Sadriddin-zoda,
K. Shumova
Publication year - 2020
Publication title -
bûlletenʹ nauki i praktiki
Language(s) - English
Resource type - Journals
ISSN - 2414-2948
DOI - 10.33619/2414-2948/56/34
Subject(s) - bankruptcy , debtor , interim , legislation , creditor , property (philosophy) , supreme court , liability , law , business , law and economics , arbitration , political science , economics , debt , finance , philosophy , epistemology
The work is devoted to the problems of ensuring property interests in a bankruptcy case. In particular, the author analyzed the current judicial practice of arbitration courts, including the opinion of the Supreme Court of the Russian Federation regarding the issue under consideration. The most relevant and controversial issues are presented on specific examples of legal proceedings. The lack of uniformity of judicial practice on the evidence of the validity of the application of interim measures, first of all, leads to the prolongation of litigation. The data that provide the best evidence base is given. In conclusion, it is concluded that relevant legislation should be amended accordingly, which would greatly simplify the process of proving the need for interim measures in respect of property of persons brought to subsidiary liability for obligations of a debtor in a bankruptcy case.