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Russia's 2026 Rehabilitation Procedure in Comparative Perspective: Institutional Preconditions for Effectiveness and the Risk of Zombie Lending

Authors: Alexander Yu. Monakhov;

Russia's 2026 Rehabilitation Procedure in Comparative Perspective: Institutional Preconditions for Effectiveness and the Risk of Zombie Lending

Abstract

Federal Law No. 62-FZ of 23 March 2026 introduced into Russian insolvency law a rehabilitation procedure featuring the division of creditors into classes and a mechanism for cross-class confirmation of the plan (cross-class cram-down), aligning the Russian regime with the modern restructuring frameworks of the United States, the United Kingdom, the Netherlands, Germany, India, and Japan. This paper analyses the reform not from the standpoint of the quality of the statutory text, but from the standpoint of the institutional preconditions required for it to operate in practice. Drawing on the comparative experience of six jurisdictions (1999-2021) and the economics-of-insolvency literature, it identifies three structural constraints on the Russian model: the absence of specialised insolvency courts, the unresolved question of the independence of insolvency administrators, and the dominance of state-affiliated creditors. Particular attention is paid to the risk of zombie lending, by analogy with Japan's experience in the 1990s, where a formally workable procedure failed to produce results because of the non-economic incentives of dominant creditors. The paper concludes with a projection of the likely distribution of the reform's effects and argues that its success will be determined not by the text of the law but by subsequent institution-building, which comparative evidence suggests requires at least a decade.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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