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

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.