Uksusova, E.E. Civil judicial procedure on bankruptcy cases: problems of legislative regulation and legal practice

Abstract: The article is comprised of three parts, each latter one is the development of what is discussed in previous one. Part 1 is “Correlation of material and procedural law”. Part 2 is “Specific features of procedural sphere of insolvency (bankruptcy)”. Part 3 is “Influence of the practice of the supreme court on the civil judicial procedure on bankruptcy cases”. The material has is inner layout and numbering throughout the article. In the first part of the article the author based upon the general methodological approaches towards the studies of procedural regulation of civil judicial proceedings establishes singles out and defines the contents of civil procedural sphere of insolvency (bankruptcy), its procedural specificities. The author also establishes whether the complex legislative regulation of both material and procedural elements of insolvency (bankruptcy) relations is viable, showing the need to study the complicated mechanism of judicial protection on civil cases, when the material and procedural law provide for double regulation with connection to material legal characteristics of cases through the subject of material legal characteristic features of cases through the object of judicial dispute and protection. With the regard to insolvency sphere the author discusses topicality and scientific inadequacy of recognizing competitive law as a complex legal institution within the civil law doctrine, or singling out procedural norms and legal relations with the material reference as “competitive”. The author considers it inacceptable to provide such material ties to procedural norms regarding procedural forms on certain categories of civil cases within the framework of civil judicial procedure provided for by special procedural norms. The article also contains analysis of legislation, including mostly civil (arbitration) procedural legislation regulating insolvency (bankruptcy) in the perspective of their historical development , as well as the modern situation in procedural regulation of bankruptcy cases, contents and specialized character of civil procedural regulation of judicial proceedings on such cases, its procedural differentiation due to debtor categories and bankruptcy procedures. The article also contains analysis of judicial acts of supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the provisions of civil and procedural doctrines. The author uses both general scientific methods, such as analysis, synthesis, generalization and analogy, and the specific private law cognition methods (formal logical methods, historical legal method, formal legal method, systemic method, comparative legal method).

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