Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18<sup>th</sup> to the 21<sup>st</sup> Centuries

Pavel Kurkin

doi:doi:10.11648/j.ijls.20210404.18

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Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18^th to the 21^st Centuries

Pavel Kurkin

Published in International Journal of Law and Society (Volume 4, Issue 4)

Received: 17 September 2021 Accepted: 27 December 2021 Published: 31 December 2021

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Abstract

The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18^th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and considered the categories of debtors. The choice of this historical period is determined by the significant complexity of economic relations and the simultaneous improvement of the legislative sphere, that took place at that time. The article describes the procedure and features of the application of each independent type of insolvency. Additionally, the author describes the Soviet period of the legal regulation of the bankruptcy. The features of unfortunate, negligent and malicious insolvency (bankruptcy) are examined in the article. The author studies the current legislation, which differentiates the debtor’s liability for insolvency (bankruptcy) into criminal, administrative and civil, and highlights the correlation between these types of liability. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of legal regulation of liability issues for debtor’s insolvency (bankruptcy).

Published in	International Journal of Law and Society (Volume 4, Issue 4)
DOI	10.11648/j.ijls.20210404.18
Page(s)	306-309
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Bankruptcy, Debtor, Insolvency, Vicarious Liability, Criminal Liability, Fraudulent Bankruptcy

References

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[2]	Lokhvitsky A. V. The course of Russian criminal law.-Edition of the Journal of the Ministry of Justice-St. Petersburg: the printing house of the Governing Senate, 1867, P. 657-658.
[3]	Popondopulo V. F., Silina (Slepchenko) E. V. The responsibility of the head of the debtor company and other persons in the bankruptcy case. // Judge. 2018. No. 4. [Electronic resource]. Access from the reference legal system ‘Consultant Plus’.
[4]	Shershenevich G. F. The insolvency doctrine.-Kazan, 1890. P. 54–74, 437.
[5]	Foinitskiy I. Ya. The course of criminal law. Part Special. Offenses against person and property. The fifth edition.-St. Petersburg: the printing house of M M. Stasyulevich, 1907. P. 385.
[6]	Tagantsev N. S. The Criminal Code on March 22, 1903 / Edition by N. S. Tagantsev.-St. Petersburg: State Printing House, 1904.-, II. P. 899-900.
[7]	The Charter of commercial proceedings with explanations of decisions of the fourth civil cassation court department and general meetings of the Governing Senate. The second issue. Compiled by D. A. Nosenko-St. Petersburg, 1909. P. 14-16.
[8]	Neklyudov N. A. Crimes and misdemeanors against property.-St. Petersburg: The printing house of V. P. Volens, 1876.-XII. P. 494-496.
[9]	Tagantsev N. S. The code on penal and correctional punishments 1885. – The fifth edition. St. Petersburg., the printing office of M. M. Stasyulevich, 1886. P. 496.
[10]	Martemyanov V. S. Commercial law: textbook. Volume 1. Moscow, 1994. P. 213-214.
[11]	Boev O. V. The criminal liability for deliberate and fictitious bankruptcy of credit institutions: PhD thesis of legal sciences (12.00.08). Moscow. 2011. P. 16-22.
[12]	Khomyakov V. Bankruptcy of credit institutions: the criminal law research. PhD thesis of legal sciences (12.00.08)-criminal law and criminology; criminal-executive law. Moscow, 2013. P. 36.
[13]	Sadovsky V. S. The contract of commission and the insolvency of its parties // Journal of civil and criminal law-1890.-№5.-P. 73-120.
[14]	Golmsten A. Kh. Textbook of Russian civil legal proceedings. Works of Golmsten A. Kh., honored professor. The 4^th edition, corrected and supplemented. – Saint Petersburg: the printing house of M. Merkusheva, 1907. P. 79.
[15]	Timofeev D. V. Differentiation of criminal liability for illegal bankruptcy: thesis for the degree of candidate of Legal Sciences. (12.00.08). Moscow, 2013. P. 19-20.

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APA Style

Pavel Kurkin. (2021). Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries. International Journal of Law and Society, 4(4), 306-309. https://doi.org/10.11648/j.ijls.20210404.18

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Pavel Kurkin. Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries. Int. J. Law Soc. 2021, 4(4), 306-309. doi: 10.11648/j.ijls.20210404.18

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AMA Style

Pavel Kurkin. Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries. Int J Law Soc. 2021;4(4):306-309. doi: 10.11648/j.ijls.20210404.18

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@article{10.11648/j.ijls.20210404.18,
  author = {Pavel Kurkin},
  title = {Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {4},
  pages = {306-309},
  doi = {10.11648/j.ijls.20210404.18},
  url = {https://doi.org/10.11648/j.ijls.20210404.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210404.18},
  abstract = {The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and considered the categories of debtors. The choice of this historical period is determined by the significant complexity of economic relations and the simultaneous improvement of the legislative sphere, that took place at that time. The article describes the procedure and features of the application of each independent type of insolvency. Additionally, the author describes the Soviet period of the legal regulation of the bankruptcy. The features of unfortunate, negligent and malicious insolvency (bankruptcy) are examined in the article. The author studies the current legislation, which differentiates the debtor’s liability for insolvency (bankruptcy) into criminal, administrative and civil, and highlights the correlation between these types of liability. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of legal regulation of liability issues for debtor’s insolvency (bankruptcy).},
 year = {2021}
}

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T1  - Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries
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PY  - 2021
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AB  - The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and considered the categories of debtors. The choice of this historical period is determined by the significant complexity of economic relations and the simultaneous improvement of the legislative sphere, that took place at that time. The article describes the procedure and features of the application of each independent type of insolvency. Additionally, the author describes the Soviet period of the legal regulation of the bankruptcy. The features of unfortunate, negligent and malicious insolvency (bankruptcy) are examined in the article. The author studies the current legislation, which differentiates the debtor’s liability for insolvency (bankruptcy) into criminal, administrative and civil, and highlights the correlation between these types of liability. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of legal regulation of liability issues for debtor’s insolvency (bankruptcy).
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Author Information

Pavel Kurkin

Department of Criminal Proceedings, State Corporation Deposit Insurance Agency, Moscow, Russian Federation

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APA Style

Pavel Kurkin. (2021). Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries. International Journal of Law and Society, 4(4), 306-309. https://doi.org/10.11648/j.ijls.20210404.18

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ACS Style

Pavel Kurkin. Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries. Int. J. Law Soc. 2021, 4(4), 306-309. doi: 10.11648/j.ijls.20210404.18

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AMA Style

Pavel Kurkin. Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries. Int J Law Soc. 2021;4(4):306-309. doi: 10.11648/j.ijls.20210404.18

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@article{10.11648/j.ijls.20210404.18,
  author = {Pavel Kurkin},
  title = {Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {4},
  pages = {306-309},
  doi = {10.11648/j.ijls.20210404.18},
  url = {https://doi.org/10.11648/j.ijls.20210404.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210404.18},
  abstract = {The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and considered the categories of debtors. The choice of this historical period is determined by the significant complexity of economic relations and the simultaneous improvement of the legislative sphere, that took place at that time. The article describes the procedure and features of the application of each independent type of insolvency. Additionally, the author describes the Soviet period of the legal regulation of the bankruptcy. The features of unfortunate, negligent and malicious insolvency (bankruptcy) are examined in the article. The author studies the current legislation, which differentiates the debtor’s liability for insolvency (bankruptcy) into criminal, administrative and civil, and highlights the correlation between these types of liability. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of legal regulation of liability issues for debtor’s insolvency (bankruptcy).},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries
AU  - Pavel Kurkin
Y1  - 2021/12/31
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210404.18
DO  - 10.11648/j.ijls.20210404.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 306
EP  - 309
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210404.18
AB  - The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and considered the categories of debtors. The choice of this historical period is determined by the significant complexity of economic relations and the simultaneous improvement of the legislative sphere, that took place at that time. The article describes the procedure and features of the application of each independent type of insolvency. Additionally, the author describes the Soviet period of the legal regulation of the bankruptcy. The features of unfortunate, negligent and malicious insolvency (bankruptcy) are examined in the article. The author studies the current legislation, which differentiates the debtor’s liability for insolvency (bankruptcy) into criminal, administrative and civil, and highlights the correlation between these types of liability. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of legal regulation of liability issues for debtor’s insolvency (bankruptcy).
VL  - 4
IS  - 4
ER  -

Copy | Download