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Tactics and Procedure of Public Prosecutor's Supervision Over Performance of the Insolvency (bankruptsy) of Legal Entities and Individual Entrepreneurs Law by Arbitration Managers



A.V. Logvinovich
V.S. Logvinovich
a.v.logvinovich@yandex.ru
u17-lvs@yandex.ru
head of the Department of Civil Law of State Institute of Economics, Finance, Law and Technology, PhD in Law
chief state tax inspector of the Department of Debt Settlement and Bankruptcy of the Administrative Department of Federal Tax Service of Russia in St. Petersburg, PhD in Law
Gatchina
St. Petersburg
The article is a continuation of a series of articles with the analysis of the insolvency (bankruptcy) of legal entities and individual entrepreneurs law. We analyze the insolvency (bankruptcy) of legal entities and individual entrepreneurs law and its application in the course of taking prosecutor's supervisory measures. The authors offer an ingenious step-by-step tactics and techniques for taking supervisory measures over performance of insolvency (bankruptcy) of legal entities and individual entrepreneurs law by arbitration managers.

Keywords:

  • public prosecutor's supervision
  • bankruptcy
  • bankruptcy legislation
  • arbitration court
  • tactics and techniques of prosecutor's measures
  • This article deals with the most topical issues of application of the law on Insolvency (bankruptcy) of legal entities in the course of taking Prosecutor’s supervisory measures. The Insolvency law and the effectiveness of its application by the Public Prosecutor’s office has been analyzed with the algorithm for documenting detected offences in the course of implementation of the Prosecutor’s supervision in bankruptcy proceeding being proposed. The study has been based on the comparative-law method, the structural and system method, the logical method and other methods of technical and legal analysis. The authors make unambiguous conclusions about the ineffectiveness of application of provisions of parts 3 and 5 of Article14.13 of the Code of Administrative Offences by the Prosecutor’s office in the course of supervision over observance of the law on Insolvency (bankruptcy) of legal entities and individual entrepreneurs. The authors offer ingenious step-by-step tactics and techniques for taking supervisory measures taking into account all the specifics of the given relationships.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5