No. 3 (2020): Business, Management and Law

INSOLVENCY (BANKRUPTCY)

1. V.S. Belykh belykhvs@mail.ru Institute of insolvency (bankruptcy) in the modern Russia and some foreign countries

Abstract: The article compares the institute of insolvency (bankruptcy) in Russia and some foreign countries. In particular, the author analyses the doctrinal systems of legal regulation of insolvency as well as such important phenomena as national economy, an integrated (inter-branch) nature of the institute of insolvency (bankruptcy). The article also considers the main legal acts on insolvency (bankruptcy) in England, USA and continental Europe countries. At the end, the author makes several conceptual conclusions. For example, the author offers to elaborate a scientifically grounded state law concept of developing insolvency (bankruptcy) legislation.

Keywords: insolvency (bankruptcy), legal institute of insolvency, systems of legal regulation of insolvency, main legal acts on insolvency in England, USA and European countries, pro-creditor and pro-debtor concepts of insolvency.

2. I.V. Gorbashev gorbashev_iv@vsrf.ru Historical transformation of the bankruptcy paradigm as a necessary prerequisite to recognize a group of persons insolvent

Abstract: The understanding of bankruptcy has been transformed throughout the centuries from “personal and corporal” liability to property liability. Based on this assumption, nowadays bankruptcy is viewed as a certain state not of the debtor as such, but of their property. Such a shift in understanding insolvency enables to a certain extent to break the link between the very procedure and the personality of the debtor and put the question of allocation of assets in the first place. Considering insolvency from such an angle makes it possible to analyze the possibility of holding several debtors insolvent.

Keywords: bankruptcy, insolvency, “personal and corporal” liability, property liability, the state of property, de-personalization of the procedure, a group of persons, corporate groups.

3. V.Kalugin kalugin2006@yandex.ru Debt cancellation as a bankruptcy procedure result

Abstract: The article is devoted to the issues of debt cancellation as a bankruptcy procedure result.

Keywords: bankruptcy, debt cancellation.

4. M.A. Slavich mslavich@yandex.ru The special role of the public law company “Fund for the Protection of the Rights of Citizens - Participants in Shared Construction” in the bankruptcy case of the organization-developer

Abstract: The article reveals the legal provision of the public law company “Fund for the Protection of the Rights of Citizens - Participants in Shared Construction” as part of the bankruptcy procedure of the organization-developer. The author considers the position of the Fund as a participant in the bankruptcy case of the organization-developer, as well as a person who plays a leading role in the implementation of special procedures in the framework of bankruptcy of developers, through which the requirements of construction participants are met.

Keywords: bankruptcy, organization-developer, Fund, special procedures, object of construction.

ECOLOGICAL LAW

5. R.N. Salieva sargus6@yandex.ru Unified scientific and technical policy as a basis for the development of scientific and technical cooperation between the Russian Federation and the CIS countries, the EAEU in the field of nature management and environmental protection

Abstract: Based on the analysis of the current Russian legislation and existing scientific approaches, the author reveals the content of the term “state scientific and technical policy”, as well as the content of the concept “unified scientific and technical policy”. Relying on the analysis of the content of the legal definition of the term “state scientific and technical policy”, as well as the analysis of program and other documents, the author identifies the main elements of scientific and technical policy. Based on the analysis of agreements and documents adopted at the level of various bodies of the CIS and the EAEU, it is revealed that participants use various forms of state support and measures to stimulate scientific, technical and innovative activities, as well as various forms of scientific and technical cooperation: Eurasian technology platforms; agreements on cooperation in the field of fundamental science of the CIS member states, etc. One of the variants of development of scientific and technical cooperation is the formation of a uniform scientific and technical policy, on the basis of which it is possible to further technical and scientific cooperation in different sectors, including in fuel and energy industries on issues of rational nature management, ecology and environmental protection. The formation of a unified scientific and technical policy of the States that are members of the integration associations of the CIS and the UES seems appropriate on the basis of common principles of scientific and technological development.

Keywords: unified scientific and technical policy; state scientific and technical policy; industrial policy; scientific and technical activity; innovative activity.

6. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of establishing the boundaries of a water body

Abstract: The authors focus on the issue of establishing boundaries of a water body and come to the conclusion that such terms as “coastline” and the boundaries of a water body are identical terms. They also analyze the procedure of establishing the boundaries of a water body and judicial practice on the issue.

Keywords: water body, boundaries of a water body, coastline, coastal strip

STUDENT SCIENCE

7. M.A. Zverev mzverev2000@gmail.com Trends in developing administrative reform by the example of reforming the system of federal executive bodies

Abstract: The article analyzes such a complex and relevant phenomenon of administrative reality as an administrative reform: its legal nature, problematic points, and doctrinal approaches to the essence of administrative reform. Administrative reform is understood as a system of measures to improve the structure of executive bodies and create conditions for effective performance of their functions. The article also examines the foreign experience of administrative reform, which shows that administrative reform should be comprehensive, aimed both at reducing state pressure on the economy, and at increasing the efficiency of government bodies, and at creating a transparent system that would allow citizens to defend more effectively their rights. The author analyzes doctrinal approaches to the tendencies of administrative reform and proposes a comprehensive approach to understanding the tendencies of administrative reform. The author also analyzes the problem of legal regulation of the structure and system of activity of federal executive bodies and proposes to adopt a separate federal law. Particular attention is paid to the main regulatory legal acts in this area in order to understand the direction of reforms of this kind in modern Russia.

Keywords: administrative reform, federal executive bodies, separation of powers, centralization, decentralization, public service.