Правовая коллизия запрета банкротства политических партий и защита прав кредиторов: поиск альтернативных механизмов

Аннотация

Background. The article is devoted to resolving the legal conflict between the imperative norm of clause 1 of Article 65 of the Civil Code of the Russian Federation, which prohibits the recognition of political parties as insolvent (bankrupt), and the dispositive (permissive) norms of Articles 26, 31 of Federal Law No. 95-FZ dated July 11, 2001 "On Political Parties", which enshrine the right of political parties to conduct business, raising borrowed funds and entering into contractual relations. This conflict, which arises at the intersection of public and private law, raises the problem of the lack of effective mechanisms for protecting the rights of creditors of political parties in the presence of outstanding debts. The paper analyzes the existing alternative ways to terminate the activities of political parties (administrative liquidation) and substantiates the need to introduce special debt settlement procedures that take into account the public-legal nature of these organizations.

Purpose. The purpose of the study is to identify a legal conflict caused by the prohibition of bankruptcy of political parties while granting them the right to carry out business activities, substantiate the need to introduce alternative mechanisms for terminating the activities of political parties, and identify conceptual approaches to creating special debt settlement procedures that protect the rights of their creditors.

Methodology. The methodological basis of the article is formed by dialectical, system-structural, formal-legal methods, as well as the analysis of judicial practice and the method of legal modeling.

Results. As a result of the analysis, the author proves that the current ban on the bankruptcy of political parties is in conflict with their right to conduct business, creating an irreconcilable legal conflict. Based on the study of judicial practice (including cases on the liquidation of political parties), it has been proved that administrative liquidation is not capable of protecting creditors' rights and is not an alternative to bankruptcy proceedings. The paper proposes an author's approach to solving the identified problem: the introduction of special procedures for resolving debts of political parties, which take into account their public-legal nature, guarantee the safety of budget financing and at the same time ensure a proportionate satisfaction of creditors' claims at the expense of extra-budgetary assets. The proposed amendments to Article 65 of the Civil Code of the Russian Federation and the development of a separate chapter in the Bankruptcy Law will eliminate the imbalance between the public status of political parties and their participation in civil turnover.

Practical implications. The results of the research can be used in legislative activity in improving civil legislation and bankruptcy legislation, in judicial practice, as well as in research and educational activities in the areas of civil law.