Application of the general rules of simplified arbitration proceedings to bankruptcy procedures

Pilchina Damira Zhangazievna

The article deals with the issues of simplified court proceedings in Russia, with the justification of the need to unify simplified arbitration proceedings regulated by the Agro-industrial Complex of the Russian Federation and the rules of simplified bankruptcy procedures, primarily bankruptcy procedures of liquidated and absent debtors. Simplified proceedings under the rules of the Agro-industrial Complex of the Russian Federation and simplified bankruptcy procedures are common in the law enforcement practice of arbitration courts. Taking into account the current epidemiological conditions associated with the long-term spread of a new coronavirus infection, written proceedings without the face-to-face appearance of participants in the process have advantages, which contributes to its wider application. The author concludes that the concept of simplified proceedings in Russian legislation is ambiguous, since for arbitration proceedings it includes a written process in absentia with fixed limitations on the procedural capabilities of the parties, and bankruptcy legislation considers simplified bankruptcy procedures as procedures applicable to special bankrupt entities, primarily to liquidated and absent debtors. However, all simplified procedures, in comparison with standard procedures, are characterized by a relatively low conflict of the process, which indicates the possibility of applying the rules of simplified arbitration proceedings to simplified bankruptcy procedures, for the purpose of improving the quality of the bankruptcy process.

Keywords:bankruptcy law, insolvency, bankruptcy, simplified procedures, absent debtor, liquidated debtor, simplified proceedings, correspondence proceedings, arbitration process, unification of arbitration process