РОЗВИТОК КОНКУРСНОГО ПРОЦЕСУ (ПРОЦЕДУРИ БАНКРУТСТВА) В УКРАЇНІ У 2000-Х РОКАХ

Abstract

The article deals with the chronology of the legal regulation for bankruptcy in Ukraine at the stage of its economic recovery, clarifies the essence of its elements, as well as the effectiveness of the entire legal mechanism and its individual components. The authors pay attention to the legal regimentation of the bankruptcy procedure and to the legal acts that regulate its implementation. The main novelties and shortcomings of these acts and their impact on law enforcement practice and on the economy as a whole are highlighted. The article considers the approaches of the legislator to the settlement of the legal status of creditors, their representative bodies, the arbitration managers, as well as the implementation of certain court procedures applied to the debtor at different stages of bankruptcy legislation development. It was found that the Bankruptcy Law, as amended in 2002, became one of the driving forces of Ukraine's economic growth. It is determined that the Recommendations of Supreme Economic Court of Ukraine have highlighted one of the key provisions (principles), in particular the priority of the Bankruptcy Law over other legal acts and the latter can be applied in insolvency as much as necessary and possible. It is substantiated that the Bankruptcy Law, as amended in 2011, contained both the development of judicial practice as well as revolutionary provisions and the achievement of technical progress in the field of the Internet, which contributed to bringing the bankruptcy proceedings to a higher level. It is argued that a number of provisions of this law were used in the preparation of the Commercial and Procedural Code of Ukraine and the Civil Procedural Code of Ukraine. It is determined that a number of the most important provisions of the legislation of the period under study were not reflected in the latest bankruptcy legislation, in particular: clear conditions for initiating bankruptcy proceedings; variety of bankruptcy procedures applied to debtors with legal personality; indefinite circle of subjects of bankruptcy and those persons who are not included in the named circle.