Historical and Legal Aspects of the Formation of the Term “Bankruptcy” in Russia

This article is devoted to the problems of interpretation and understanding of the concept of insolvency (bankruptcy) in the sources of law that regulated the bankrupt institution at various statelegal stages of the history of Russia. In order to study the described problems, the author explores both the sources of law of different periods of history, and various works of honored lawyers and jurists. The author also touches upon the doctrinal approach to the problems of the concept of “bankruptcy”, in connection with which special attention is paid to the fundamental works of prerevolutionary thinkers such as G.F. Shershenevich, I.A. Pokrovsky and N.E. Tornau. In the article, on the basis of comparative legal analysis, the genesis of the concept of bankruptcy is revealed. The understanding of the essence of bankruptcy is revealed depending on the period of development of Russian law. The patterns and features of succession between the “bankrupt” legislation of Russia of different periods are analyzed. The approaches of various legal scholars to the understanding of the term “bankruptcy” in legal documents of various epochs of the statelegal development of Russia are described. The article draws a conclusion about the significant influence of the problem of “concepts in a bankrupt institution” on the development of all theoretical and historical knowledge in the field of insolvency (bankruptcy). This conclusion is revealed by the example of the historical and continuity connection between the normative acts of the historical periods of the statelegal development of Russia, which are far from each other.