Organizational and legal aspects of examination of cross-border bankruptcy cases with multiple proceedings

Abstract

The article conducts a scientific and practical study of organizational and legal aspects regarding the use of internationally recognized mechanisms in the field of cross-border bankruptcies when considering cases in court, the legal certainty of some categories in the field of cross-border bankruptcy with multiple proceedings through a legislative and doctrinal prism. International judicial practice has been studied and it has been determined that in order to resolve problematic issues regarding the coordination of bankruptcy procedures in the consideration of cross-border bankruptcy cases with multiple proceedings, cross-border protocols are used as a way to increase the effectiveness of cooperation in the field of insolvency. It has been proven that the practical application of the principle of reciprocity, the legal institution of court cooperation, the use of cross-border protocols in cross-border bankruptcy cases with multiple proceedings are quite uncertain in Ukraine, unlike internationally. It is asserted that the institution of cross-border bankruptcy with multiple proceedings in Ukraine needs the fastest possible organizational and legal response regarding regulatory support and legal certainty of the studied categories and conceptual apparatus in this area, their effective implementation in judicial practice. The legislation in the field of insolvency and bankruptcy procedures with the participation of a foreign element is analyzed for the proper legal certainty of the outlined conceptual apparatus in practice and the possibility of improving national legislation in the field of cross-border bankruptcies. It was noted that Ukraine needs to improve both the legislation on cross-border bankruptcies and the legal system as a whole, taking into account international aspects of legal development. It was concluded that judicial practice is the basis for proper cooperation in the way of implementing the principle of reciprocity, relying not only on the formality of application, but also on the effectiveness of filling meaningful action plans for the implementation of such cooperation, including using cross-border protocols.