The concept of bankruptcy of physical persons have considered too liberal
Council about codification of the civil legislation at the president of the Russian Federation yesterday has supported introduction in action of rules about bankruptcy of citizens. Thus, as the newspaper " writes today; Kommersant “ experts have supported a rigid variant of the law, having rejected more liberal for citizens the concept of Ministry of economic development and trade. It, according to experts, can lead to mass giving by citizens of statements for own bankruptcy.
project MERTa suggests not only to instal head of the law on the bankruptcy, concerning citizens, but also it is essential to change rules. They should become more liberal and allow the citizens, incapable to pay off with debts over 10 thousand rbl. at once, to receive instalments for five years.
thus MERT suggests to exclude from competitive weight many kinds of property: It will be not only the unique not put apartment, inviolable and now, but also, for example, the ground areas. Besides, the court enforcement officer can conduct bankruptcy procedure not - the executor as provides the present law on bankruptcy, and the competitive managing director in which role have the right will act the citizen.
representatives MERTa have explained such concept aspiration “ positively to affect demand in the market “ and also foreign experience. The vice-president of the Supreme Arbitration Court Vasily Vitrjansky, however, has assumed at once that acceptance of such bill will provoke citizens to address more often in arbitration courts with statements for own bankruptcy.
as he said, in the USA where the similar liberal model operates, specialised courts on bankruptcies annually consider over 1 million affairs about bankruptcy of citizens, thus statements are submitted basically by those citizens who have a regular income.
the Rules containing in the present law on bankruptcy, more rigid: the property of the citizen will arrest at once court, on debts re-structuring will be given three months then the court recognises the citizen as the bankrupt, and the court enforcement officer can begin property sale. “ by such rules citizens will not go to court “ - V.Vitrjansky is assured.