student
Russian Federation
student
This article analyzes the key role of the insolvency administrator in ensuring a balance of interests in bankruptcy proceedings. The central issue addressed in the article is the discrepancy between formal guarantees and actual practice. It examines the multi-layered system of legislative requirements for candidates, including SRO membership conditions, financial guarantees, and procedural restrictions. It identifies a systemic contradiction between detailed regulatory frameworks and persistent independence issues related to the self-interest of administrators. Based on an analysis of the current model, specific reform paths are proposed aimed at increasing transparency and objectivity in appointments, including the introduction of a rotating distribution of cases from a single registry and the expansion of the powers of the arbitration court, which should contribute to achieving the goals of insolvency legislation.
bankruptcy, insolvency, arbitration manager, self-regulatory organization (SRO), independence, efficiency, approval, requirements
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