1. OFFENSES DISCOVERED BY THE COURT ADMINISTRATOR IN INSOLVENCY PROCEEDINGS.
- Author
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JANU, Natalia
- Subjects
BANKRUPTCY lawsuits ,BANKRUPTCY -- Criminal provisions ,ECONOMIC crime ,DEBTOR & creditor - Abstract
According to statistical data, the number of entities that declared insolvent in the Republic of Moldova has increased significantly. Thus, if, in 2016, 673 economic agents were declared insolvent, then only in the first quarter of 2019 their number stood at 25461. In all countries of the world, no matter the level and degree of development of their economy, there is such a phenomenon as insolvency. It is obvious that a natural or legal person could become insolvent because of excess debt or lack of liquidity. In some cases, the state of insolvency is due to economic crises, fierce competition or forcible cases and major force. In other cases, however, it is found that insolvency occurs because entrepreneurs are not able to manage their business, or they intentionally, through illicit actions, cause the company's poor economic condition. As a consequence, the economic and financial difficulties of an enterprise may have the "domino" negative effect of attracting the financial collapse of business partner2s. On the other hand, the continuous expansion of trade and the intensification of national and international investments, tempts the criminal subjects to illegally obtain financial advantages, and therefore leads to the emergence of new factual situations, including criminal ones. In this article, we set out to investigate and perform the legal framing of the illicit actions of the debtor that led to its insolvency and thus caused the prejudice to creditors. In this regard, we will draw attention to the effects of the insolvency process, the role of the authorized administrator in the detection of bankruptcy offenses and what problems are encountered in this respect. In the same way, we will try to provide solutions to increase the efficiency of the authorized administrator and state bodies in the process of detecting and preventing insolvency offenses. [ABSTRACT FROM AUTHOR]
- Published
- 2019