PROCEDURAL FORM OF THE CONSIDERATION OF SEPARATE PROCEEDINGS IN THE BANKRUPTCY CASE

Abstract

The article examines the procedural form of consideration of separate proceedings in the bankruptcy case. For consideration of separate proceedings in a bankruptcy case, a specific procedural form is characteristic, which differs both from the procedural form of consideration of a general bankruptcy case and from the procedural form of consideration of cases in the order of claim proceedings. The authors emphasized that from the moment of the opening of bankruptcy proceedings, the debtor and his property find themselves in a special legal regime, one of the features of which is the concentration of all disputes in which the debtor is a party within the bankruptcy case. Separate bankruptcy proceedings are a manifestation of the functional differentiation of the procedural form. Thus, commercial courts were assigned new functions that are not usually inherent in the activities of commercial courts – this is the consideration of such categories of cases as labor, civil, administrative cases, etc. Based on the results of the research, the authors come to the conclusion that the plaintiff in a separate dispute within the bankruptcy case should not be obliged to send copies of the statement of claim with attachments to all participants in the bankruptcy case, but should involve such participants in the general case in separate proceedings. If one of these participants wishes to be procedurally active in the case, he can familiarize himself with the case materials directly in court, or through the "Electronic Court" Subsystem, and submit his explanations and objections to the claims to the court. Taking into account that in separate proceedings in a bankruptcy case, the rules that apply even in administrative proceedings can be applied, regarding the procedural form of separate proceedings, in general, the need to add such an important feature as the possibility of applying rules regulating not only legal proceedings in economic proceedings, but also procedural norms of other types of legal proceedings, was emphasized. Thus, the authors argued that the procedural form of considering separate proceedings in a bankruptcy case is characterized by a combination of the rules for considering a bankruptcy case and the rules that are used to consider and resolve relevant material and legal disputes.