Administrative Liability for Bankruptcy Law Violations

Abstract

The paper is devoted to imposing administrative liability for violations of bankruptcy legislation. The paper considers the main types of violators who are subject to administrative responsibility. Special attention is paid to the classification of violations of bankruptcy legislation, as well as to the definition of administrative liability measures applicable to persons who have committed such violations. The paper provides a detailed review of the sanctions provided for by law and their effectiveness in preventing violations in the field of bankruptcy. Special attention is paid to such a type of administrative punishment as disqualification. The author compares domestic sanctions with its counterparts in Germany and the United States. The paper concludes that there is a need to change the approach to sanctions applied in the Russian Federation. The paper analyzes the current legislation, the decision of the Constitutional Court and judicial practice, identifying shortcomings and contradictions in legislation concerning administrative offenses in the field of bankruptcy. The author makes his own proposals to amend Articles 2.9, 14.12–14.14 of the Administrative Code of the Russian Federation that can make domestic legislation more effective in regulating relations related to violations of bankruptcy legislation.