Blockchain is an innovative IT technology that will undoubtedly determine development of our network society in post-modernity of the coming decades. Being a young technology, blockchain needs a doctrinal explanation and a well thought regulation to ease contradictions that will arise as a result of nonuniform commercial adoptions. Blockchain technologies are already in the phase of active adoptions by the corporate mainstream, the grade of adoption to increase and cover virtually all areas of our lives. Hence it is important to analyze trends and define its prospective developments. One of such areas covers relationships in the labour market, including search and recruiting of new stuff, talent management and retainment, as well as all related activities. The application of blockchain technologies provides benefits to each aspect of HR related activities, in professional growth and career advice, in remunerations and related reductions of costs. For example, blockchain provides job seekers with an opportunity to create, to edit and to deliver their CVs in a fully transparent yet protected environment, while employers may get the provided data on educations, job experiences skills confirmed in the automatic mode by consensys tools. In many situations, blockchain allows to remove intermediaries such as recruiters (headhunters). Also, blockchain allows to simplify compliance with labour, social security and fiscal regulations, enforced by Labour Agencies and trade unions. Labour legislation and regulation falls into the realm of law that regulates one of the most important segments in societal interactions. Hence, the labour law is closely and directly related to production outputs and other important socioeconomic features. To match the need of significant economic developments in the digital space, the quality of relations between the participants of remote transactions become more important then ever. Such relations need to be secured by reliable practices in electronic registrations.
In several European countries and the US, corporate and insolvency law principles allow the courts to subordinate the claims of non-arm’s length creditors (i.e., affiliates, shareholders, controlling persons, officers, etc.) of an insolvent entity. However, there is no universal approach across the above jurisdictions. Instead, the scholars observe a whole range of subordination regimes. Each of them derives from a unique and unsteady balance between the interests and values protected by law. This paper examines the Russian subordination rules and their evolution and discusses the values and incentives behind the subordination of non-arm’s length creditors claims in search for an optimal approach.
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