Keyword: «intentional bankruptcy»

In this scientific article, the author examines the question of the expediency of applying, within the framework of the criminal law mechanism, the decision of arbitration courts to declare a debtor insolvent (bankrupt). Assessing the existing criminal law definition for harmonization with the current civil legislation, it becomes obvious that the criminal law mechanism regulating the procedure for bringing a person to criminal responsibility for committing a crime under Article 196 of the Criminal Code of the Russian Federation is not perfect and complete at the moment. The new version introduced in 2021 demonstrated the need to continue working on such a criminal legal definition as intentional bankruptcy in connection with the relentless change in civil legislation governing the recognition of a debtor as insolvent (bankrupt) and adaptation to new economic realities. The author analyzes the available theoretical aspects that currently remain unresolved in the field of law enforcement. In addition, the conclusion is formulated about the need for further work on improving the mechanism of the institution of insolvency (bankruptcy), both in general in the planes of various branches of law, and in particular, determining the scope of application of criminal law norms when illegal actions are detected during the implementation of the procedure for recognizing a debtor as insolvent (bankrupt).