STRUCTURES AND FORMS

Administrative and legal mechanism of state control in the sphere of insolvency bankruptcy as an instrument for ensuring the stability of economic turnover

Authors

  • Artem S. Sheludko Russian Presidential Academy of National Economy and Public Administration, 119571, Moscow, Prospekt Vernadskogo, building 82

How to cite

GOST Sheludko A. S. Administrative and legal mechanism of state control in the sphere of insolvency bankruptcy as an instrument for ensuring the stability of economic turnover // Academic Research Journal. 2026. Vol. 4. No. 3. P. 159-169. DOI: 10.25726/d3800-6077-9417-k
APA Sheludko, A. S. (2026). Administrative and legal mechanism of state control in the sphere of insolvency bankruptcy as an instrument for ensuring the stability of economic turnover. Academic Research Journal, 4(3), 159-169. https://doi.org/10.25726/d3800-6077-9417-k

Abstract

The stability of economic turnover presupposes a predictable order for the withdrawal of insolvent participants, and this order rests not only on the private-law constructions of the competitive process but also on the system of public control over it. Powers to regulate insolvency relations, to represent the property interests of the state as a creditor, and to supervise self-regulatory organizations of insolvency practitioners are distributed among several federal bodies, which raises the question of the coherence of their activity and of the admissible limits of administrative interference in a procedure that is private-law by its original design. The aim of the study is to establish the structure of the administrative and legal mechanism of state control in the field of insolvency and to assess its connection with the stability of turnover. The formal-legal and comparative-legal methods are applied, together with the generalization of the statistical reporting of the Fedresurs register for 2019-2025 and the author's model of the delimitation of control functions. It is shown that, against the background of a decline in corporate bankruptcies to 6477 procedures in 2025 and the near-complete displacement of rehabilitation procedures, whose share remains at 0,9%, the control burden shifts towards administrative-tort and fiscal-barrier instruments. Raising the threshold for initiating a case to 2 million rubles and increasing the state fee for a legal entity's application to 100 thousand rubles changed the actual regime of access to the procedure more tangibly than adjustments to the competence of the controlling bodies themselves. The delimitation of the regulatory, fiscal-representative, and supervisory functions among the Ministry of Economic Development of Russia, the Federal Tax Service of Russia, and Rosreestr forms not a hierarchy of departments but a horizontal coordination whose operability is determined by the completeness of information exchange through the unified federal register of bankruptcy data.

Keywords

insolvency bankruptcy state control administrative and legal mechanism authorized body self-regulatory organization of insolvency practitioners administrative liability stability of economic turnover

Funding

The authors did not declare any external funding for this research.

References

Akulov A.Ya., Khoruzhiy V.I., Klychova A.S. Analysis of the current organizational mechanism of state regulation of bankruptcy processes of legal entities // Kazan State Agrarian University Bulletin. 2022. Vol. 17. № 3 (67). pp. 106-115.

Bobyleva A.Z. The role of the institute of bankruptcy in ensuring the stability of the Russian economy // Economics and Management: Problems, Solutions. 2020. Vol. 1. № 2. pp. 74-78.

Dorokhina E.G. State regulation in the sphere of bankruptcy // Law and Economics. 2006. № 2. pp. 42-47.

Dorokhina E.G. The legal nature of management relations in the bankruptcy system // Lex Russica. 2008. Vol. 67. № 1. pp. 40-53.

Dorokhina E.G. Effectiveness of public administration in the sphere of bankruptcy // Administrative and Municipal Law. 2012. № 8 (56). pp. 26-30.

Krylov O.M., Mansurova A.R. Forms and methods of public administration in the sphere of insolvency (bankruptcy) and their legal sources // International Journal of Humanities and Natural Sciences. 2023. № 10-3 (85). pp. 111-114.

Lyapin I.F. The current state of administrative liability in the sphere of bankruptcy // Lobachevsky State University of Nizhny Novgorod Bulletin. 2016. № 4. pp. 128-132.

Musaeva S.Kh. The role of state regulation of bankruptcy in the recovery of the economy // Topical Issues of the Modern Economy. 2023. № 4. pp. 756-766.

Naumova E.V. Administrative and legal problems of the institute of insolvency (bankruptcy) // Kazan Science. 2010. № 8. pp. 533-537.

Naumova E.V. Problems of the functioning of the institute of bankruptcy (insolvency): the administrative aspect // Business Security. 2011. № 4. pp. 24-29.

Pavlov S.Yu., Milov P.O., Shaydullin V.F. Some topical issues of public administration in the sphere of insolvency (bankruptcy) of legal entities and individuals in the Russian Federation // Academy of Law and Management Bulletin. 2024. № 3 (78). pp. 69-73.

Pavlova A.V. The organizational and legal mechanism of regulation of the institute of insolvency and bankruptcy as a factor of economic growth // Studies on Russian Economic Development. 2008. № 1 (106). pp. 135-144.

Sattarova A.S., Safina S.D. State regulation of the institute of insolvency (bankruptcy) of individuals and legal entities // Dialogue. 2025. № 6 (36). pp. 34-36.

Frolov I.V. State administration in the sphere of financial rehabilitation, insolvency (bankruptcy) // Voronezh State University Bulletin. Series: Law. 2009. № 2 (7). pp. 125-139.

Frolov I.V. The bankruptcy trustee as a body of administrative and legal management and a subject of public delegation of the legal personality of the insolvent debtor // Voronezh State University Bulletin. Series: Law. 2012. № 2 (13). pp. 201-212.

Issue

Section

STRUCTURES AND FORMS

Metrics

63 views
0 downloads
Want to publish with us?
Submit an article

Similar Articles

<< < 1 2 3 4 5 6 7 8 9 10 > >> 

You may also start an advanced similarity search for this article.