Thursday, 17 May
11:30 - 13:00
Amphitheatre, General Staff Building (6-8, Dvortsovaya sq.)
The Administrator — the Key Role in the Bankruptcy Procedure. The level of an Administrator’s expertise, his/her powers and authorities provide for the success of a bankruptcy procedure both for debtors and creditors.
From the point of view of the economy as a whole, the institution of bankruptcy administrators must provide for the most efficient process of ownership transition, the maximum repayment of creditors’ funds and reduction of the relevant procedures duration.
However, today, on the background of the existing regulation and self-regulation systems and growing professional risks, it is rather hard to perform the relevant functions. Many experienced professionals leave the profession, more and more procedures are conducted by novices or some nominal persons.
Disintegration of the professional community results in some contradictory legislative changes deteriorating administrators’ professional position.
Therefore, the reform of the bankruptcy professional community is a key matter today. Some aspects of the reform will be discussed at the session.
Thus, the agenda includes such subject as strengths and weaknesses of two reformation models: The first model: To readjust administrators’ salaries and to make no other changes, which may result in transformation of administrators into government officials with small index-linked salaries and unlimited number of cases.
The second model provides for comprehensive changes to administrators’ status, remunerations and regulation of their operations. Notarial community is offered as a reference to take as an example.
The discussion on the issues will be interesting both to administrators and representatives of creditors and debtors.
The session is to include reports by representatives of the professional community, government agencies, judges, domestic and foreign experts.
Head of the Board, Russian Union of Self-Regulated Organizations of Arbitration Managers (Trustees)
2001: B.A. (Hons), Economics Faculty of Lomonosov Moscow State University.
2003: M.A. (Hons), Economics Faculty of Lomonosov Moscow State University.
2006: Candidate of Economic Sciences, Economics Faculty of Lomonosov Moscow State University.
2007: Graduated in Law from Higher School of Economics.
2001-2003: Worked as specialist at the Russian Economic Development Ministry’s Corporate Governance and New Economics Department/Corporate Governance Department. 2003-2006: Deputy Unit Head/Unit Head of Russian Economic Development Ministry’s Corporate Governance and New Economics Department/Corporate Governance Department.
2006: Deputy Director of Russian Economic Development Ministry’s Corporate Governance Department.
2007-2012: Deputy Director of Russian Economic Development Ministry’s Innovation and Corporate Governance Department.
2012-2013: Deputy Head of Finance and Economics Department of the Central Office of the State Duma of the Federal Assembly of the Russian Federation.
2013-2017: Deputy Head of Economics Department of the Central Office of the State Duma of the Federal Assembly of the Russian Federation.
2017 to present: Chairman of the Board, Russian Union of Self-regulating Organizations of Insolvency Administrators.
Director for Development of Projects, Interfax Information Group
Ph.D. in Law
Graduated from the Ural State Law University’s Law and Business Faculty in 1994.
2005: Defended Candidate’s dissertation on Legal Problems of Organizing the Work of the Arbitration Manager.
1994: Began working at the Republic of Komi’s Property Management Committee as leading specialist, then Head of the Legal Department.
1996: Expert on legal issues at the International Institute of Law and Economics.
1998: Expert on legal issues at Russian Association Independent Experts and Crisis Managers.
2004-2016: Director of the Center of Bankruptcy Problems.
October 2012 to present: Projects Development Director, Interfax; Head of Fedresurs Project
Involved in drafting more than 10 federal laws, including the Federal Law on Insolvency (Bankruptcy), 1998 and 2002, and numerous regulatory acts.
Co-author of books: Article-by-Article Commentary on the Federal Law on Insolvency (Bankruptcy), edited by V.V. Vitryansky; Arbitration Management – Theory and Practice of Oversight; Handbuch Insolvenzrecht in Europa and others.
Professor of Law, Martin Luther University Halle-Wittenberg, Germany
Stephan Madaus is a Professor at Martin Luther University Halle-Wittenberg (Germany) where he teaches German, European and international insolvency law as well as property and tort law.
Area of professional interests: Insolvency Law, restructuring law, international law
Professional experience: 15 years of experience in research and legal advice in the field of insolvency and restructuring law.
He is a member of the International Insolvency Institute and a Founding Member of the Executive of the Conference of European Restructuring and Insolvency Law (CERIL). In 2017 he was mandated (with two colleagues) by the German Ministry of Justice to evaluate the 2012 reform of the German Insolvency Code.
With Prof. Bob Wessels (emeritus, Leiden University) he led the Project on the ‘Rescue of Business in Insolvency Law’ of the European Law Institute from 2013 to 2017. He has published in prominent legal journals in Germany, Europe and beyond, including a treatise on the fundamental and doctrinal nature of rescue plans entitled Der Insolvenzplan.
Chairman of the Committee of the State Duma on Natural Resources, Property and Land Relations
Education, academic degree:
Graduated from St John the Theologian Orthodox Institute (The Russian Orthodox Church), majoring in religious studies.
1991 - 1994 – an entrepreneur;
1994 - 1999 – сorrespondent for "The Business Vestnik Vostoka", Financial Times East-European Insurance Report: correspondent for Central Asia, correspondent for CIS countries, for "The Company" magazine;
1999 - 2001 - Progress-Garant Insurance Company, Head of Division, Head of Department, Advisor to the President of the Insurance Group;
2002 - All-Russian Union of Insurers, Head of PR Department;
2002 - 2003 - Insurance Company "Russia", Deputy General Director;
2003 - founded the communication group "AMSKOM";
2008 - together with like-minded people created St Spyridon of Trimythous charitable foundation;
2010 - Member of the Presidium of non-commercial partnership “OPORA”;
2011 - Director of the Foundation for the Development of Socio-Informational Projects "United Society";
2013 - Vice-President of the NGO "OPORA RUSSIA";
2014 - Head of the All-Russia People’s Front Center for Independent Monitoring of the execution of the May decrees of the President of the Russian Federation "People's Expertise".
Nikolai P. Nikolaev was awarded the medal "For Services to the Home Affairs Department", gratitude of the Department of Economic Development of the Russian Federation for achievements in the implementation of the state policy on small and medium-sized businesses development, gratitude of the Government of the Russian Federation for the merit in lawmaking and long-term conscientious work
Chairman, Association of Crisis Management and Insolvency of Republic of Belarus
Crisis Manager (certificate of the highest category - "C"), lawyer.
Experience in the field of crisis management-17 years. Perform more than 300 bankruptcy procedure, including large and medium businesses. There are more than 10 procedures for the rehabilitation of private and state enterprises, including city-forming ones.
Initiator of the creation and head of the Association of crisis management and bankruptcy of the Republic of Belarus.
Today it is the only organization in the country that unites the leading anti - crisis managers and cooperates with the regulator-the Department for rehabilitation and bankruptcy of the Ministry of economy of the Republic of Belarus.
Member of the working groups on the improvement of bankruptcy legislation and a member of the Commission of the Ministry of economy on certification of anti-crisis managers in the Republic of Belarus.
Gives lectures on economic insolvency and bankruptcy.
For ten years, together with the Ministry of economy is the organizer and mentor of the annual competition among students, undergraduates and postgraduates on the theme "Crisis management. Bankruptcy.»
Author of scientific articles and papers on insolvency and bankruptcy.
Director of Department for finance and banking activity and investment development, Ministry of Economic Development of the Russian Federation
Ph.D., Diploma in law, State University - Higher School of Economics.
2006–2014 – The Presidential State-Legal Directorate, Presidential Executive Office.
2014-2015 – Adviser for The President on legislative projects, The Federal Chamber of Notaries (FCN).
2015-2016 – Deputy Director, Public relations Department, The State Corporation Deposit Insurance Agency.
2016-2017 – General Director, International and Comparative Law Research Center.
2017 – to date – Director of Department for finance and banking activity and investment development, Ministry of Economic Development of the Russian Federation.
Head, Public association of bankruptcy administrators "ARLAN", Republic of Kazakhstan
Education, academic degree:
The Specialist, Karaganda Law Academy named after B. Beisenov of Ministry of Internal Affairs, Karaganda, 2006
2016 up to present – Administrator (Temporary, Bankruptcy and Rehabilitation Manager)
2017 up to present – The Head/Co-founder of the NGP "ARLAN" Professional Trustees of Insolvent Debtors"
2017 up to present – The Consultant in the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan
2015 up to present – The Director/Founder of the Legal Company "Tleulin & Partners"
2011 - 2015 – The Director/Co-founder of the Legal Company "Right Choice"
2008 - 2011 – Lawyer, Lead Lawyer, Head Lawyer in the second-tier banks of the Republic of Kazakhstan
Specialist area, professional interests:
Tax and corporate disputes
Participation in interdepartmental work groups on the development and improvement of regulations in regards to rehabilitation, bankruptcy, banking, mortgage and execution proceeding.
Publications, scientific works:
"Investment attractiveness and payment discipline of business through the bankruptcy of bank debtors", 2017
"Problems of regulation on rehabilitation and bankruptcy in Kazakhstan", Part 1, 2016
"Sale of enterprise and property complex during the bankruptcy process", 2016
"Bankruptcy of the counter party as an alternative to an action for repayment of a debt", 2015
"Taxation of the distributable property under the liquidation on legal entity", 2015
"Sale of equity share as an abdication of responsibility: How true that is?", 2015 and etc.
* The Programme may be subject to change
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