Reference:
Uksusova, E.E..
Civil judicial procedure on bankruptcy
cases: problems of legislative regulation
and legal practice
// LEX RUSSICA (Russian Law). – 2014. – ¹ 2.
– P. 211-227.
Read the article
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).
Keywords: civil judicial procedure, civil procedural law, insolvency (bankruptcy), procedural norms, bankruptcy cases, legal position, judicial law-making, supreme court, procedural specialization, specialized procedural regulation.
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