HISTORICAL ASPECT OF CRIMINAL LIABILITY FOR FRAUDULENT BANKRUPTCY IN RUSSIA AND FOREIGN COUNTRIES
Rubrics: CRIMINAL LAW AND CRIMINOLOGY
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
18.11.2016
Accepted:
18.11.2016
Published:
18.11.2016
Language:
Russian
Keywords:
bankruptcy, liability, criminal, fraud.
Abstract (English):
The article highlights the issues of legal regulation of public relations related to the unfair bankruptcy, in their historical aspect. It outlines the legislative instruments used by foreign countries and Russia for regulating of liability for bankruptcy in the period up to the 19 century. The author studied the laws of foreign countries and the Russian legislation, which contains provisions on liability for bankruptcy, the regulation of the debtor´s property distribution of priority, as well as differentiation of debtors to those who can not meet its debt obligations, and those who simply do not want to fulfill its debt obligations (malicious insolvency). Due to this situation the questions about the time of distinguishing the respective responsibilities of the bankrupt entity are arise. The author mentioned the move away from a single penalty for any debtor who is unable to pay its debts, which depends solely on the fact of the debt of non-payment, in the direction of several forms of punishment, depending on the fault of the debtor in its own bankruptcy, differentiation punitive and coercive measures of material nature, the development of methods and means of implementation creditors´ rights.
The article highlights the issues of legal regulation of public relations related to the unfair bankruptcy, in their historical aspect. It outlines the legislative instruments used by foreign countries and Russia for regulating of liability for bankruptcy in the period up to the 19 century. The author studied the laws of foreign countries and the Russian legislation, which contains provisions on liability for bankruptcy, the regulation of the debtor´s property distribution of priority, as well as differentiation of debtors to those who can not meet its debt obligations, and those who simply do not want to fulfill its debt obligations (malicious insolvency). Due to this situation the questions about the time of distinguishing the respective responsibilities of the bankrupt entity are arise. The author mentioned the move away from a single penalty for any debtor who is unable to pay its debts, which depends solely on the fact of the debt of non-payment, in the direction of several forms of punishment, depending on the fault of the debtor in its own bankruptcy, differentiation punitive and coercive measures of material nature, the development of methods and means of implementation creditors´ rights.
Keywords:
bankruptcy, liability, criminal, fraud.
bankruptcy, liability, criminal, fraud.
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