Procedural form of consideration of cases on recognition of debtor's laws invalid in bankruptcy cases

Abstract

The opening of bankruptcy proceedings against a debtor significantly changes both the legal regime of such debtor’s property and the procedure for resolving disputes to which the debtor is a party. In accordance with the principle of concentration of all property disputes in a bankruptcy case, the economic court, which hears such a case, resolves all disputes with the participation of the debtor. An important place among these disputes is occupied by cases of invalidation of the debtor’s transactions.
 The article is devoted to the study of the procedural form of consideration of cases on the recognition of the debtor’s transactions invalid in the bankruptcy case. The author analyzes the concept of economic procedural form and its relationship with the bankruptcy proceedings, examines the characteristics of bankruptcy proceedings and identifies their effect in separate proceedings, which resolve disputes over the invalidation of the debtor's transactions.
 The purpose of the article is to study the procedural form of consideration of cases on recognition of the debtor's transactions as invalid in the bankruptcy case and to highlight the features of consideration of cases on the recognition of the debtor's transactions as invalid within the bankruptcy case.
 Bankruptcy cases are a form of economic process. Therefore, their consideration is carried out not only on the basis of a special act – the Code of Ukraine on Bankruptcy Procedures, but also on the basis of the general provisions of the Economic Procedural Code of Ukraine.
 Based on the results of the study, the author concludes that claims for invalidation of the debtor's transactions in bankruptcy cases are considered in separate proceedings within the bankruptcy case. The decision to consider the claim for invalidation of the debtor's transaction shall be noted by the commercial court in the decision to initiate proceedings in the case.
 It is important to distinguish between participants in bankruptcy proceedings in general and participants in such “mini-proceedings” to challenge the debtor’s transactions – primarily to correctly determine the range of participants in the case and entities entitled to appeal court decisions.