O.V. Dobrovlyanina, K.S. Kondrat'eva, K.V. Patyrbaeva

Types of Bankruptcy Fraud in the Russian Federation: Issues of Legal Regulation

2017. No. 3. P. 34–49 [issue contents]
The article provides a classification of bankruptcy fraud schemes and analyzes legal norms ofadministrative and criminal liabilities for bankruptcy fraud. The authors identify difficulties inprosecuting bankruptcy fraud. The article aims to carry out complex research on the specificityof administrative and legal regulations of bankruptcy fraud in the Russian Federation. There wasanalytical, system, comparative legal and technical legal method implemented. Results of theanalysis of practice and scientific comment on legislative provisions in bankruptcy fraud revealed thelack of unified bankruptcy fraud classification and systematization of bankruptcy fraud schemes inthe legal doctrine. There are no federal normative standards for the analysis of the debtor’s financialsituation by the arbitration manager. The high latency level of bankruptcy crimes entails difficulties intheir identification. Conclusions: the authors of the article provide their own typology of bankruptcyfrauds. Bankruptcy fraud involves illegal and criminal bankruptcies, which include deliberatebankruptcy,fictitious bankruptcy and actual bankruptcy involving wrongdoing. Analysis andgeneralization of judicial practice allowed to make evaluations about the main methods of committingbankruptcy fraud. We generalized the practice of imposing criminal liability for bankruptcy fraud andidentified the problems of legal regulation and application of norms. 
Citation: Dobrovlyanina O., Kondrat'eva K., Patyrbaeva K. (2017) Vidy nezakonnykh bankrotstv v Rossiyskoy Federatsii: nekotorye problemy pravovogo regulirovaniya [Types of Bankruptcy Fraud in the Russian Federation: Issues of Legal Regulation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 34-49 (in Russian)
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