Civil liability of the arbitration managers and security remedies for the harm caused by them

The article is based on the analysis of the Federal Law "On Self-Regulatory Organizations", the Federal Law "On Insolvency (Bankruptcy)", judicial practice and doctrinal sources examines the nature of the responsibility of an arbitration manager in bankruptcy cases before victims (debtor, creditors and other persons), the insurer who has paid the insurance indemnity to the victim in case of injury to the insolvency administrator in bankruptcy cases and self-regulating organizations of arbitration administrators, compensation payments from the compensation fund to the victims. Addressing these issues is due to the lack of a uniform approach to them in the literature, as well as the imperfection of the current legislation. General scientific methods of cognition were used: analysis and synthesis, system analysis, and also a special method of legal research: formal legal. Based on the provisions of the Federal Laws "On Self-Regulatory Organizations" and "On Insolvency (Bankruptcy)", the author concludes that: 1) only self-regulatory responsibility of the arbitral receiver is provided for in the framework of self-regulation in bankruptcy cases; 2) payments made by insurers and self-regulating organizations of arbitration managers (respectively, insurance compensation and compensation payments) are not the result of their responsibility, but methods of ensuring the property responsibility of members of self-regulating organizations of arbitration managers to victims provided by the institution of self-regulation. The first conclusion is due to the fact that the arbitration manager does not have a contractual relationship with the debtor, creditors, as well as third parties who suffer losses as a result of non-fulfillment or improper performance of their duties in the bankruptcy proceedings; to bring him to justice required to prove the composition of the offense according to the rules of Chapter 59 of the Civil Code. In addition, the arbitration manager has a non-contractual responsibility to the members of the self-regulatory organization of arbitration managers if it makes compensation payments to victims of the compensation fund. This responsibility arises since members of the self-regulatory organization of arbitration managers in the event of payments from the compensation fund are required to replenish its size to the level required by law. The second conclusion is justified by the fact that the insurer making insurance compensation and the self-regulating organization of arbitration managers of the compensation payment from the compensation fund is made without any connection with the presence or absence of their fault. These payments are not a measure of the liability, but the means of ensuring the property responsibility of members of the self-regulating and organization to victims, provided for by the institution of self-regulation.

Keywords

Authors

References