Limits of material consolidation in the bankruptcy procedure of a group of companies from the point of view of protecting the rights of employees
In the article, the author presents a position regarding the possibility of implementing the institution of insolvency of a group of companies in Russian law enforcement practice. The paper presents the results of a study of the main problematic aspects that may arise when applying substantive consolidation in a consolidated insolvency procedure. Conclusions are presented regarding the possibility of applying substantive consolidation in specific insolvency procedures and methods for distributing assets between participants in the procedure. This method of protecting the claims of employees as a system of privileges (the principle of absolute priority) has been studied in terms of the possibility and effectiveness of its application in the joint insolvency procedure. The ratio of the claims of certain groups of employees and insolvency creditors is considered, the limits of the application of substantive consolidation are determined from the standpoint of protecting employees of the most secured debtor.