On the issue of improving the bankruptcy procedure of the liquidated debtor

Abstract

The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.