ВИЗНАННЯ ПРАВОЧИНУ НЕДІЙСНИМ У БАНКРУТСТВІ: ТЕОРЕТИЧНІ І ПРАКТИЧНІ АСПЕКТИ

Abstract

The article considers the peculiarities of declaring a transaction invalid as one of the elements of an effective bankruptcy system. Recognition of a transaction as invalid in civil law provides adequate protection of the rights and interests of persons who for any reason did not comply with the requirements of the law when committing a transaction. Recently, a court practice has appeared where the mechanisms such as invalidation of transactions are used in bankruptcy cases. Such remedies in bankruptcy proceedings play an extremely important role and as result the creditors’ debts are more likely to be repaid in a liquidation procedure of the bankrupt. The purpose of this research was to examine the peculiarities of the regulation of relevant legal relations by the rules of civil law and bankruptcy law. To fulfill this task, the theoretical aspects of such regulation were studied, as well as relevant cases in this area were analysed. The author tries to prove the need for focusing on the general provisions of the Civil Code of Ukraine when applying the relevant provisions of the special (bankruptcy) law, but at the same time, taking into account the specific goals and objectives of the bankruptcy legislation. The article also pays attention to the peculiarities of terminology in this very specific area of private law relations. The researcher points out the need to reconcile the key terminology for this area with the legal constructions used in civil law within the process of further improving the bankruptcy law. This bears special importance in connection with the well-known processes of recodification of civil legislation. Keywords: civil law, bankruptcy, bankruptcy proceeding, transaction, recognition of a transaction as invalid.