Право/ 12 .Предпринимательское и банковское право

Associate professor, candidate of political sciences Valieva A.R. , Farhutdinova L.N.

FGBOU VPO «The Bashkir State Agrarian University», Ufa

TO THE QUESTION ON THE STATE ROLE IN PROCEDURES OF THE BANKRUPTCY

In all countries the state regulates market relations and is the guarantor of the maintenance of the economy stability. The market economy and the bankruptcy are closely interconnected. Without the bankruptcy institute the economy becomes inelastic as the overflow of financial, labor and material resources from inefficient to successfully working enterprises becomes impossible. The state problem doesn’t consist of liquidating the enterprise-bankrupt, on the contrary, of the restoration of its solvency by means of special procedures [1].

The word "bankruptcy" occurs from Latin words "bench" (bancus) and "broken" (ruptus). As "bank" originally a bench established in crowded places (such as the markets and fairs) on which changers and usurers carried out the transactions and legalized papers was called. After the owner of "bank" was ruined, he broke the bench.

The origin of the bankruptcy institute was caused by the development of economic, credit and property relations at the time of Ancient Rome. At that time the non-return of debts has been connected with the danger to be deprived of freedom and even life, and the capture of the debtor’s property that is quite characteristic for slaveholding production relations. In the most ancient monument of legal culture, i.e. in the Roman Laws of XII tables, the right of the creditor to indemnificate from the obligations default was fixed. According to this law the unsatisfied creditors had the right to split the poor debtor into parts.

In Russia the first laws regulating competitive relations, appeared later, than in other European countries. Most intensively the bankruptcy institute starts to develop from the XVIII century that is connected with the growth of capitalistic relations after Peter I reforms.

In 1832 in Russia the Charter about a trading inconsistency operated till 1917 was accepted. This charter consisted of nine chapters including 138 articles, was installed without a retroactive effect and applied only in the cases of the inconsistency of the persons who are carrying out the trade. The special attention in the Charter was given to the status of the debtor’s trade enterprise of.

Gradually the legislation of all countries qualitatively changed its installations, paying attention to the property maintenance of the debt and its real return. The businessman, having lost the sold for the repayment of debts property, but having saved life and health, could begin a new enterprise business taking into account his experience.

The bankruptcy institute passed a long way of development and was definitively generated to the middle of XX century. The Occurrence and the development of rules about an inconsistency are connected with the objective requirements of the society.

The destructive for the economy consequences of bankruptcy, of businessmen’s, as though the last were called — merchants, bankers, factory owners, farmers, manufacturers, — were sharply showed already at the moment of the occurrence and the formation of market relations. And from the first steps the state began to play an active role. The inconsistency and the failure of businessmen interfere with the normal development of the economy, break the sociopolitical stability and create the intensity in the society, fraught with revolts and other forms of the violent disobedience, deprive the state the possibility to carry out its functions, carefully[2].

The Presence of the state of the competitive right in the legal system institute has a high value both for the right and for the national economy as its norms are directed to the exception of the subjects, capable to carry out the profitable activity, and also to the restoration of a financial condition of the legal representatives experiencing part time financial complexities. All this makes the economy to improve, to withhold the crisis non-payments and the functioning of the insolvent enterprises.

The basic aspects of the state activity in the development of the bankruptcy institute in modern conditions, in our opinion, are, first of all, legal organizational and financial aspects.

It is caused by that the primary task of bankruptcy institute in the developed market countries is connected with enterprise preservation, so, with the preservation of the property of its owner by changing of a control system by the enterprise, by granting of a delay and payment installments.

As an example it is possible to result that in 1993 for the state policy realization on the prevention of bankruptcy and financial improvement of the insolvent enterprises at the State committee of the Russian Federation on management of the state property was founded Federal management on affairs about an inconsistency (bankruptcy) (the Governmental order of the Russian Federation from September, 20th, 1993 № 926 has been created). Subsequently it has been transformed to Federal Agency of Russia of affairs about an inconsistency and to financial improvement (the Governmental order of the Russian Federation from June, 1st, 1998 № 537), thus Federation has essentially increased the role of this agency in the state system, the circle of solved problems and a level of authority has considerably extended [2].

State regulation is carried out by an establishment of special norms, i.e. the rules regulating procedure of bankruptcy and corresponding priorities. So, the basic priority in the Law is a restoration of the debtor’s solvency and the preservation of the managing subject.

The literature:

1. About an inconsistency (bankruptcy) [the Electronic resource]: The law from October, 26th, 2002 N 127-FZ//Union of Right Forces «the Adviser Plus».

2. Karelin S.A.Mehanizm of legal regulation of relations of an inconsistency / of S.A.Karelin, Moscow, 2008. — With. 262.