FORENSIC EXAMINATION AS A MEANS OF PROOF IN INSOLVENCY (BANKRUPTCY) CASE

Nikonorova Elena Sergeevnа

The article deals with a topical issue related to forensic expertise as a means of proof in insolvency (bankruptcy) cases. The author emphasizes that one of the important and basic principles of legal proceedings is the principle of adversarial proceedings. The article provides a brief history of the development of bankruptcy legislation in terms of norms on expertise, starting from the first modern laws. In addition, in this article the author conducts a comprehensive analysis of the current norm of the Federal Law of 26.10.2002 № 127-FZ "On insolvency (bankruptcy)" and the Definitions of higher courts, on the examination in the consideration of cases of insolvency (bankruptcy) to address various issues that require specialized knowledge. The article expresses a position on violation of the adversarial principle when appointing an expert examination at the initiative of the court. In this regard, the author concludes that in order to comply with the fundamental principle of arbitration process - the principle of adversarial proceedings, and in addition, to comply with the basic requirements of the Constitution of the Russian Federation, the legislator should limit the rights of the Arbitration Court in appointing a forensic examination on its own initiative.

Keywords:insolvency (bankruptcy), expertise, the principle of competition