Judicial protection of the rights of the victim (bank-creditor) after the conclusion of the agreement of assignment of the right (requirements) in the conditions of the intentional bankruptcy of the debtor.
https://doi.org/10.24147/2542-1514.2017.1(3).150-159
Abstract
The subject of analysis in the paper is Russian insolvency legislation? As well as rules of
Russian Criminal Code about insolvency crimes.
The purpose of the article is to analyze methods of the judicial protection of the rights of
the victim (creditor-bank) after the conclusion of the contract of cession of rights (claims)
in the context of deliberate bankruptcy of the debtor.
The methodology of research includes: analysis, synthesis, induction, deduction, survey,
and statistical method.
The results, scope of application. Intentional bankruptcy (Art. 196 of the Russian Criminal
Code) violates the legitimate property interests of creditors. In particular, the Bank has the
right to appeal to law enforcement agencies with a statement about criminal acts committed
against the Bank that caused damage to the Bank. The creditor has the right to apply
for recognition as an injured person. Such a creditor is harmed by a crime. In the event that
the Bank deliberately bankruptcy of the debtor harmed, and there is a causal relationship
between such actions and the socially dangerous consequences that have occurred, then,
as follows from Part 1 of Art. 44 of the Code of Criminal Procedure, this circumstance is a
prerequisite for the recognition of the Bank as a civil plaintiff. Such a bank has the right to
declare in the criminal case a civil claim for damages to the bank. The purpose of this article
is to provide judicial protection of the rights of the victim (creditor bank) after concluding
the contract of assignment of the right (claims) in the circumstances of the debtor's deliberate
bankruptcy. The research methods are: analysis, synthesis, induction, deduction,
questioning and statistical method. The conclusion is drawn that the assignment of claims
under a civil law contract is not grounds for refusing to recognize the Bank as a victim and
a civil plaintiff in a criminal case under Art. 196 of the Criminal Code.
Conclusions. The assignment of claims under civil contract is not a ground for refusing
recognition the Bank as the victim and civil plaintiff in a criminal case under Arti. 196 of the
Criminal Code.
About the Author
Y. Truntsevsky
Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation;
Management Academy of the Ministry of the Interior of Russia
Russian Federation
Russian Federation
Doctor of Law, Professor, Leading Researcher, Anti-Corruption Methodology Department Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation;
Professor of the Department of Criminal Policy Management Academy of the Ministry of the Interior of Russia
SPIN-код: 1666-5637
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Review
For citations:
Truntsevsky Y. Judicial protection of the rights of the victim (bank-creditor) after the conclusion of the agreement of assignment of the right (requirements) in the conditions of the intentional bankruptcy of the debtor. Law Enforcement Review. 2017;1(3):150-159. https://doi.org/10.24147/2542-1514.2017.1(3).150-159
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