CEU Electronic Theses and Dissertations, 2011
| Author | Rakhimova, Gulnara |
|---|---|
| Title | Bankruptcy Crimes in Germany and the United States: Lessons for Russia |
| Summary | In the present research the author studied and analyzed provisions of the United States, German and Russian criminal law on bankruptcy and bankruptcy related crimes. Despite the contrast between the United States pro-debtor and German pro-creditor approaches, the author claimed possible to find in both regimes solutions applicable in Russia. For the purposes of the research the author analyzed legal and practical issues the United States, German and Russian practitioners have to deal with in an effort to prosecute criminal behavior in bankruptcy, and compared the approaches to suggest modifications into the Russian Criminal Code. As a result, the author found that the United States criminal law in the first place protects the integrity of the bankruptcy system, while German criminal law primarily protects economic rights of creditors. Because Russian bankruptcy system at present is in the process of formation yet, application of the American model was not found practicable. Particular provisions of German criminal law (section 283b, parts 2 and 3 of section 283 of the German Penal Code) were found to be appropriate solutions for the present. The author suggested to impose criminal liability on trustees for any act committed knowingly in the course of bankruptcy proceedings, which caused diminution of the estate, and reconsider essentiality of the intent and materiality requirements for several sections (e.g. 177, 195-197) of the Russian Criminal Code. |
| Supervisor | Tibor Tajti |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/rakhimova_gulnara.pdf |
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