ТРАНСФОРМАЦІЯ АНТИКРИЗОВОГО УПРАВЛІННЯ ПІДПРИЄМСТВ ВІДПОВІДНО ДО КОДЕКСУ УКРАЇНИ З ПРОЦЕДУР БАНКРУТСТВА

Abstract

Anti-crisis management of Ukrainian enterprises takes place in difficult institutional conditions, which is confirmed by international experts and analytical studies of the World Bank Group. It is determined that Ukraine’s indicators are several times lower than those indicators in OECD high-income countries and European countries (Doing Business 2020). The purpose of the study is to substantiate the theoretical and methodological foundations of crisis management and develop practical recommendations for the transformation of crisis management in accordance with the provisions of the Code of Ukraine on bankruptcy procedures. Approaches to the selection of types of crisis management are generalized. The types of crisis management that have been transformed under the influence of the Code of Ukraine on bankruptcy procedures are identified. The Code of Ukraine on bankruptcy procedures defines the features of anti-crisis management of the enterprise in the event of a crisis. Thus, changes in current legislation lead to the need to transform crisis management and take into account changes in the basic provisions of the legal support of business. The Code of Ukraine on bankruptcy procedures determines the possibility of reorganization before the opening of bankruptcy proceedings and court proceedings (disposal of property, reorganization and liquidation). The Law of Ukraine “On restoring the debtor’s solvency or declaring him bankrupt” and the Code of Ukraine on bankruptcy procedures are generalized and the existence of changes in the current legislation that produce a change in anti-crisis management of the enterprise is determined. The process of reorganization requires special attention and study before the opening of bankruptcy proceedings, when the management of the enterprise is obliged to: inform the founders about the presence of signs of bankruptcy; to hold a meeting of the founders and ensure the decision on reorganization; develop a remediation plan and liquidation analysis; convene a meeting of creditors and also submit to the commercial court the approved reorganization plan for approval. The scheme of sequence of carrying out of reorganization before opening of proceedings in bankruptcy case is constructed.