Features of Functioning of the Institution of Arbitration Management in a Crisis: The Regional Aspect

IF 0.1 Q4 ENGINEERING, MULTIDISCIPLINARY Engineering Technologies and Systems Pub Date : 2020-12-30 DOI:10.15507/2413-1407.113.028.202004.801-822
R. V. Motkin, V. N. Motkin
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Abstract

Introduction. The relevance of the study consists in expanding theoretical developments in the field of economic sociology, in particular, in identifying the features of functioning of the institution of arbitration management in the Russian Federation in the 2020 crisis. The purpose of the study is to reveal the features of implementation of the powers of bankruptcy commissioners, as well as to scrutinize the socio-economic status of the professional group of bankruptcy commissioners in the crisis period of March – April 2020. Materials and Methods. In the course of the study, a secondary analysis of the latest Russian and foreign regulatory and legal framework governing the activities of the institution of bankruptcy during the crisis period of the first half of 2020 was carried out. In particular, statistics of insolvency procedures in 2018–2020, as well as draft legal acts related to bankruptcy were analyzed in the regional context and in regard to change in the status of the social and professional group of bankruptcy commissioners. Results. The factors influencing the functioning of the institution of arbitration management during the crisis period have been identified, the key ones of which are the lack of state support for specialists in the field of insolvency during a crisis period; controversial legislative initiatives; a steady increase in the conflict nature of insolvency procedures; high risk of bringing bankruptcy commissioners to justice without proper income growth; fragmentation of the professional community of bankruptcy commissioners. Discussion and Conclusion. The performed analysis made it possible to conclude that the introduction of a moratorium on bankruptcy, the lack of state support for the industry, as well as significant difficulties in exercising the powers of bankruptcy commissioners in the context of the crisis measures in the first half of 2020 had a significant negative impact on the socio-economic situation of the professional group of bankruptcy commissioners. Factors in the formation of the professional status of bankruptcy commissioners in the post-crisis period are the relevant issues for further research. The results of the study may be useful to scientists specializing in Economics and Law, to students attending anti-crisis management programs, as well as to specialists in the field of insolvency.
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危机中仲裁管理制度的功能特征:区域性视角
介绍。该研究的相关性在于扩大经济社会学领域的理论发展,特别是确定俄罗斯联邦仲裁管理机构在2020年危机中的运作特征。本研究旨在揭示破产专员权力行使的特点,并考察破产专员专业群体在2020年3 - 4月危机时期的社会经济地位。材料与方法。在研究过程中,对2020年上半年危机期间管理破产机构活动的最新俄罗斯和外国监管和法律框架进行了二次分析。特别是,2018-2020年的破产程序统计数据以及与破产相关的法律草案在区域背景下以及破产专员的社会和专业群体地位的变化进行了分析。确定了危机期间影响仲裁管理机构运作的因素,其中的关键因素是危机期间国家对破产领域的专家缺乏支持;有争议的立法举措;破产程序的冲突性质稳步增加;没有适当的收入增长,破产专员被绳之以法的风险很高;破产专员专业团体的分裂。讨论与结论。所进行的分析可以得出结论,破产暂停的引入、国家对该行业缺乏支持以及在2020年上半年危机措施背景下破产专员行使权力的重大困难,对破产专员专业群体的社会经济状况产生了重大负面影响。后危机时期破产专员职业地位形成的因素是需要进一步研究的相关问题。这项研究的结果可能对专门研究经济和法律的科学家、参加反危机管理课程的学生以及破产领域的专家有用。
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来源期刊
Engineering Technologies and Systems
Engineering Technologies and Systems ENGINEERING, MULTIDISCIPLINARY-
自引率
33.30%
发文量
29
审稿时长
12 weeks
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