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French courts, in 19937,4Results of work of arbitration courts of the Russian Federation in 1992-2001 // Internet portal"Supreme Arbitration Court of the Russian Federation", 2010 / / [Electronic resource] Access mode:http://www.arbitr.ru/press-centr/news/totals/10anniversary/details.htm (date of access: 02.07.2016).5Information on consideration of insolvency (bankruptcy) cases by arbitration courts of the RussianFederation in 2010-2013 / / Internet portal "Supreme Arbitration Court of the Russian Federation",2016//[Electronicresource]Accessmode:http://www.arbitr.ru/_upimg/A0397A1AFD76C6B4E3082E213B98BB5D_11.pdf (date of access:02.07.2016).6Report on the work of arbitration courts of regions of the Russian Federation on consideration ofbankruptcy cases in 2016 // Judicial Department of the Supreme court of the Russian Federation, 2017//[Electronicresource]Accessmode:http://www.cdep.ru/userimages/sudebnaya_statistika/2017/AC1a_1-2017.xls(dateofaccess:07.01.2018).7Saint-Alary-Houin, C.
Droit des entreprises en difficulté. – Paris: Montchrestien, 1996. – Р. 728.6examined 63 000 applications for insolvency, and in 20158 reviewed nearly 80 000applications for the introduction of insolvency proceedings.Thus, it is of scientific interest to study the long-term experience of France in theregulation of the treatment of the debtor's property in the insolvency. This substantiatesthe choice of the main method of research, which is comparative analysis, allowing tocompare the regulation of insolvency institutions in the law of Russia and France, toidentify similarities and differences in the provisions of the legislation, the currentjudicial practice and the prevailing doctrine.
As a result of comparative legal analysis ofthe legal systems of Russia and France, the thesis identifies effective legal normsgoverning the institution in both countries, and the possibility of implementing suchlegal regulation in order to improve the legislation of a state.With the enhancement of international relations and economic globalization, traderelations between Russia and France are increasingly strengthening and developing.With Russia's accession to the WTO, it can be argued that Franco-Russian relations willdevelop confidently. However, differences in legal systems hinder the stability of theserelations. Foreign organizations that do not have sufficient knowledge of Russian law,in particular, in the field of bankruptcy law, have reasonable concerns when concludingcontracts with Russian contractors, because they do not have full confidence in thepreservation of their status and the ability to recover debt in the event of bankruptcy of acounterparty under Russian law, and vice versa.
This explains the practical interest ofthe study, which consists not only in the development of recommendations onimprovement of the Russian legislation on bankruptcy taking into account positiveforeign experience, but in the justification of the practical utility of selection of aparticular model of behavior of actors of economic activities to reduce the risksassociated with the liquidation procedures in respect of their counterparty.8Le Ministère de la Justice, Les chiffres-clés de la Justice, Édition 2015 // [Электронный ресурс]Режимдоступа:http://www.justice.gouv.fr/publication/chiffres_cles_20151005.pdf(датаобращения: 02.07.2016).7In this study, it is proposed to analyze the order of repayment of creditors’ claimsfrom the value of the sold property of the debtor9 in the framework of liquidationprocedures in accordance with the laws of Russia and France, and related issues, toidentify differences in the ways of its regulation, to make proposals on possible ways toimprove the existing rules on the basis of effective methods tested in one of the legalsystems under consideration.Russian legislation on bankruptcy is very concise in this area, many issues aresubject to resolution on the basis of general rules of civil law.
On the contrary, the rulesof the French Commercial code on insolvency sufficiently regulate the sequence ofrepayment of creditors' claims, taking into account various privileges, special status andpreferential rights. The provisions of the law on methods of security also apply. At thesame time, the French Commercial code may establish some special rules with respectto the legal status of creditors whose claims are secured.The procedure for repayment of creditors' claims during distribution of the valueof the sold property of the debtor requires a full and comprehensive analysis.
First of all,such an analysis should be carried out in each bankruptcy case by the liquidator.However, for creditors, an understanding of the rank of their claim is necessary todetermine its status and possible risks in the event of bankruptcy of the debtor at thestage of entering into a relationship with the debtor. After all, according to statistics,"the share of repaid claims of creditors to debtors, legal entities and individualentrepreneurs (except debtors of credit institutions) in the total amount of claims forbankruptcy cases completed in 2016 amounted to 3.2% compared to 5% in 2015, that is,it decreased by 1.6 times"10.9In this study, the debtor is understood to be only legal entity, without examining issues related tothe regulation of bankruptcy of certain categories of legal entities (credit institutions, naturalmonopolies, etc.).10Creditors in the course of bankruptcy of legal entities in 2016 managed to recover 1.6 times lessmoney than a year earlier / / United Federal register of bankruptcy information, 23.01.2017//[Electronicresource]Accessmode:http://www.arbitr.ru/presscentr/news/totals/10anniversary/details.htm (date of access: 07.01.2018).8The degree of development of the research topic.Some problems of distribution of the valeu of sale of the debtor's assets betweencreditors were reflected in the works of Russian and foreign researchers.
Among theRussian scientists it is possible to name such specialists as S.A. Karelina, V.F.Popondopulo, M.V. Teliukina, V.N. Tkachev, etc. Comparative analysis of theregulations on bankruptcy of foreign countries was carried out, in particular, by V.V.Stepanov, E.A., Kalinichenko, by V.V. Valagin, E.A. Kravchenko, O.A. Studentsova.The dissertations on PhD related to the subject of the present study were made by A.O.Potashnik, A.E. Cindyaikin, A V. Himicheva, O.V. Ovchinnikova, E.I. Nazarova, E.N.Matveeva, A.M.
Larin, K.B. Koraev, A.V. Valuisky.Although these works deal with various problems related to the distribution of thedebtor's property during the insolvency procedure, a full comparative legal analysis ofthe Russian and French legislation on the distribution of the debtor's property betweencreditors has not been carried out. Currently, there are no relevant French sourcestranslated into Russian.
Modern works of French scientists are used in Russian studiessparsely. The absence in the domestic legal literature of special monographic literatureon the topic confirms the insufficient degree of its development.Thus, despite the interest of Russian scientists in the legal regulation of variousinstitutions of bankruptcy in the European legal order and the priority of creditors'claims, in particular, the regulatory framework, law enforcement practice and scientificdoctrine developed over the long history of the law of enterprises in a difficult situation(hereinafter in this regard for the sake of uniformity and convenience will use the term –bankruptcy law) in France, remain insufficiently investigated by Russian scientists,which determines the relevance of this work.Among foreign scientists a significant contribution to the development ofproblems related to the debtor's assets and distribution of value among creditors is madeby P.-M.
Le Corre, Le Corre-Broly, F. Pérochon, C. Saint-Alary-Houin, Ph. Pasteur, F.X. Lucas and others.9Due to the fact that the Russian legal science is experiencing some lack offundamental scientific works and monographs in the field of comparative legal analysisof the legislation of the Russian Federation and France on insolvency and, in particular,on the legal regime of distribution of the debtor's property and repayment of creditors'claims, the researcher conducts a study of the relevant doctrinal and regulatory sourcesof France. An issue of a particular interest is the legislation of other European countries,which have traditionally adopted and developed many of the concepts introduced by theFrench Civil code (hereinafter – the French Civil code), for example, Monaco,Luxembourg, as well as us bankruptcy legislation, which is largely borrowed now bythe countries of the continental legal system and, in particular, France.The purpose of the dissertation research is the development and scientificjustification of mechanisms and methods to increase the level of repayment of creditors'claims from the value of the sold property of the debtor, while maintaining a balance ofinterests of creditors and the debtor, and related issues, as well as conceptual proposalsfor reforming the distribution priorities in Russian law on the basis of the possibility andfeasibility of appropriate borrowings from French law.
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