Commercial Court Research Articles

Scaling up SMEs’ credit scoring scope with LightGBM

ABSTRACT Small and Medium Size enterprises (SMEs) are critical actors in the fabric of the economy. Their growth is often limited by the difficulty in obtaining financing. Basel II accords enforced the obligation for banks to estimate the probability of default of their obligors. Currently used models are limited by the simplicity of their architecture and the available data. State of the art machine learning models are not widely used because they are often considered as black boxes that cannot be easily explained or interpreted. We propose a methodology to combine high predictive power and powerful explainability using various Gradient Boosting Decision Trees (GBDT) implementations and Shapley additive explanation (SHAP) values as post-prediction explanation model. This method is developed and tested using a nation-wide sample of French companies, and a history of past failures extracted from commercial court decisions. The performances of GBDT models are compared with traditional credit scoring algorithms. GBDT provides the best performances over the test sample, while being fast to train and economically sound. Results obtained from SHAP values analysis are consistent with previous socio-economic studies. Providing such a level of explainability to complex models may convince regulators to accept their use in automated credit scoring.

Analysis of TheVadility of A Cession Over A Receivables Sale and Purchase Agreement That Was Subject to an Invalid Novation

In order to guarantee smooth capital turnover, banks would often "withdraw" their capital even if the receivables (often from credit) that they currently own are not yet payable, by selling their receivables, followed by cession. However, in practice this is often problematic. Most of the problems revolving around this practice is that the cession that follows the selling of receivables is conducted not in accordance with applicable laws regarding cession and could therefore backfire and become a problem for the bank in question. The cession of Permata Bank on Debt Assignment Deed (Cession) Number 85 dated 5 May 2017, as stated in the Central Jakarta Commercial Court Decision Number 131/Pdt.SUS-PKPU/2018/PN.Niaga.Jkt.Pst is one of such problematic cessions. On this matter, the assignment of receivables was done through Debt Assignment Deed (Cession) Number 85 dated 5 May 2017, related to a Conditional Receivables Sale and Purchase Agreement that was novated and then amended. This article uses a normative juridical research method. The research specifications used in this study are descriptive analytical. The secondary data used by the author in this study consisted of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method used is normative qualitative. The Conditional Receivables Sale and Purchase Agreement is carried out without the transfer of ownership with cession, so that the ownership has not yet been transferred to the buyer. The Novation and Amendment To the Conditional Receivables Sale and Purchase Agreement is also invalid because it was carried out without involving the debtor. So, it can be concluded that the cession of the Conditional Receivables Sale and Purchase Agreement which was later novated and amended is null and void because the cession was made under a receivables sale and purchase agreement that was invalidly novated. Key Words: Cessie, Novasi, Receivables Sale and Purchase Agreement

Features of the jurisdiction of economic courts

The article considers the problem of determining the jurisdiction of commercial courts. It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself.
 The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial). It is established that the correctness of determining the jurisdiction of the case is essential insofar as it affects the time of decision-making on the case, and, accordingly, the restoration of the violated right, the expiration of the terms of the claim.
 The criteria for establishing the jurisdiction of commercial courts are highlighted: the range of persons who may apply to commercial courts, and belonging to the list of cases under the jurisdiction of commercial courts. It is proved that the existing system of delimitation of jurisdiction of commercial courts taking into account these criteria is not effective, complicates a person's access to court, and therefore requires significant changes.
 The problems of determining the jurisdiction of commercial courts, in particular the separation of commercial and administrative jurisdiction over disputes, when the parties to the dispute are a business entity and a subject of power. It is also problematic to consider cases on the recognition and enforcement of decisions of international commercial arbitration, foreign courts in commercial disputes.
 Possible directions of reforming the principles of determining the jurisdiction of commercial courts through the unification of civil, administrative and economic processes (codes) are outlined; refusal to specialize courts and introduction of specialization of judges; reclassification of the type of proceedings on the initiative of the court and referral of the case by the court to the appropriate jurisdiction.
 The need to take into account the experience of foreign countries (Germany, Italy, Estonia, etc.) in delimiting the jurisdiction of commercial courts on the basis of unification of procedural law - the introduction of a single code that would determine the rules of civil, commercial, administrative proceedings.

Renvoi Procedure for Justiabelens' Justice in the Bankruptcy Law

Renvoi Procedure is a request for credits verification by creditors due to the curator's objection on the creditor’s claims by the curator, in which the procedure is submitted to the commercial court. This procedure should be easy and fast. It is useful and has legal certainty as a form of justice for all justiabelen s . The analysis of this procedure has fulfilled the principle of justice; therefore the researcher applies two theories, namely the theory of legal objectives which the researcher draws from the three general teachings of Gustav Radbruch, and the theory of legal system of Kees Schuit which teaches the ideal element, the operational element, and the actual element. There are several approaches used namely, historical approach, comparative approach, conceptual approach, statutory approach, and case approach. This research is expected to produce prescriptive conclusions and recommendations to gain justice for justice seekers ( justiabelen ), and is expected to be input for government’s policie. Keywords: bankruptcy law, justiabalens, renvoi procedure, DOI: 10.7176/JLPG/122-01 Publication date: July 31 st 2022

Perlindungan Hukum Terhadap Pencipta dan Pemegang Hak Cipta Lagu “Lagi Syantik” (Studi Putusan No. 82/Pdt.Sus-HKI/Cipta/2019/PN Niaga Jkt.Pst)

Copyright is an exclusive right owned by the Creator or Copyright Holder and arises automatically based on a declarative principle consisting of 2 rights, namely economic rights and moral rights. The formulation of the problem is what is the form of legal protection for the author and copyright holder of the song "Lagi Syantik" for changes to lyrics without permission from the copyright holder? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) and what are the dispute resolution efforts that can be taken to protect copyright holders for song copyright infringement? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST). The results of the research is examined based on existing juridical data and facts, the decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) is considered not in accordance with the provisions in Article 9 of Law no. 28 of 2014 concerning Copyright regarding the absence of permission from the Author or Copyright Holder. The Panel of Judges in their decision stated that Gen Halilintar was not guilty of all legal considerations which according to the author in this case were not in line with Law no. 28 of 2014 concerning Copyright. In this case the music label Nagaswara as the Plaintiff has also taken non-litigation routes such as mediation but failed and continued with litigation, namely by filing a lawsuit to the Commercial Court.

TRADEMARK IMPERSONATION: REGULATION AND DISPUTE RESOLUTION

Intellectual property rights are created or arise from an idea to create a product or process that can be useful for human life. Intellectual property rights are also legal protection given to the results of human thought that are useful and have economic value. Understanding intellectual property itself requires comprehensive knowledge of what can be the object of intellectual property protection. A brand is an intellectual property identifier of a product or service owned by a company or individual. Violation related to registered trademark rights in Indonesia is an act that is against the applicable positive law. This study analyzes the regulation, legal protection of registered trademarks and dispute resolution. The research method used is a normative juridical research method using secondary data in the form of regulations related to brands and the results of previous studies. The results of this study indicate that a violation in the form of imitation of a registered mark can be subject to imprisonment and a fine. There are 2 (two) ways of resolving disputes regarding the imitation of the registered mark: filing a claim for compensation and terminating all activities related to the use of the mark. The lawsuit is submitted to the commercial court and can take arbitration or other alternative dispute resolution.

Determination of the actual tax liability for personal income tax: law enforcement analysis

The subject. Currently, the courts are actively using a new term - "valid tax liability", or "the actual amount of tax liabilities". This term is the result of the activities of judicial authorities, however, judicial practice on determining the actual tax liability for personal income tax is only being formed and is unstable. Therefore, the subject of the study of this article is a comprehensive analysis of law enforcement practice in the field of determining the actual tax liability of individuals for personal income tax.Purpose of the study is to dare to solve the enforcement problems that arise when determining the actual tax liability of individuals for personal income tax.The methodology. The authors uses the formally legal interpretation of Russian legislation, comparative analysis of Russian and European literature as regards the determination of a valid tax liability.The main results, scope of application. The authors analyzed the concept of "valid tax liability", and also studied the problems of determining the actual tax liability in the context of the law enforcement practice of the Supreme Court of the Russian Federation. Based on law enforcement practice, the main problems in determining the actual tax liability are highlighted, to which the authors attribute the incorrect qualification of the object of taxation, the incorrect qualification of the nature of the taxpayer's activity and its status, as well as the incorrect determination of the taxpayer's tax base. The article also touches on the main problems in the reimbursement of the amount of overpaid personal income tax.Conclusions. When determining the taxpayer's actual tax obligation to pay personal income tax, the tax authorities are guided by a "pro-budget" goal, seeking to increase the tax base due to incorrect qualification of the taxable object, the status of the taxpayer, or questioning the nature of its activities, which leads to the formation of arrears and forms the composition of an administrative offense.In an effort to restore their violated rights, an honest taxpayer goes to court for protection, where, unfortunately, in the vast majority of cases, they face the formal approach of the courts, which do not reveal either the economic essence of the dispute or properly consider the circumstances of a particular case. Taking into account the above circumstances, the authors draw conclusions about the existence of legal gaps in the system of Russian law in the field of taxation, which they propose to fill by fixing the concept of "valid tax obligation" in the relevant Resolution of the Plenum of the Supreme Court of the Russian Federation. As an example of such replenishment, the authors propose to supplement paragraph 7 of the Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation of October 12, 2006 No. 53 "On the assessment by arbitration courts of the validity of the taxpayer's receipt of tax benefits", indicating the need to establish a valid tax obligation of the taxpayer, including personal income tax.

Terms applicable during recognition of debtor’s laws invalidity in bankruptcy procedure

The Code of Ukraine on Bankruptcy Procedure (hereinafter – the Code of Bankruptcy) has newly regulated a number of institutions of insolvency law (bankruptcy), including changes affecting the institution of invalidation of the debtor’s transactions. Article 42 of the Code of Bankruptcy provides for the grounds on which transactions entered into by the debtor after the opening of bankruptcy proceedings or during the three years preceding the opening of bankruptcy proceedings may be declared invalid by the commercial court within the bankruptcy case.
 The purpose of the article is to reveal the peculiarities of the application of deadlines in declaring the debtor’s transactions invalid in the bankruptcy case, identify problematic aspects that arise during the application of the statute of limitations and “suspicious period” in the bankruptcy case, identify common and distinctive features of these deadlines.
 According to the results of the study, the author concludes that considering cases of invalidation of the debtor’s transactions in the bankruptcy case, the Commercial Court applies both the general provisions on statute of limitations under civil law and a special three-year period under Art. 42 of the Code of Bankruptcy. The term provided by Art. 42 of the Code of Bankruptcy, which in the theory of the tender process is called the “suspicious period”, at first glance, may resemble the statute of limitations, but differs significantly from it. First, the statute of limitations is the period of time allowed to a person to go to court to protect his violated right, and the “suspicious period” determines the period of time during which the commercial court evaluates the debtor’s transactions in terms of good faith and solvency. the debtor. Secondly, the beginning of the limitation period is the moment when a person learned or could have learned about the violation of his right, while the key to counting the period of “suspicious period” is the date of the opening of bankruptcy proceedings. Third, the statute of limitations under certain conditions may be interrupted, suspended, renewed, while the three-year period provided for in Art. 42 of the Code of Bankruptcy, is curtailed, clearly defined, and is not subject to renewal.

Position of Depositors in the Bankruptcy of Multidana Savings and Loans Cooperative in Ambarawa

KSP Multidana went bankrupt or disbanded, but the members’ rights who had not yet fulfilled all of the funds were returned by the cooperative, while the members who borrowed themselves had not fully returned the money borrowed by the members to date. This study aims to determine the legal consequences of the bankruptcy decision of KSP Multidana through the Semarang Commercial Court Decision Number 09/Pdt.Sus-Pailit/2017/PN.Niaga SMg jo 12/PDT.SUS-PKPU/2016/PN. Niaga.Smg for the depositor of funds, the position of the depositor as a result of the bankruptcy of the Multidana Savings and Loans Cooperative (KSP), and the settlement process in the bankruptcy of the Multidana Savings and Loans Cooperative (KSP). The method used in this article is an empirical juridical approach. The results of this study indicate the legal consequences of the bankruptcy decision of KSP Multidana through the Semarang Commercial Court Decision Number 09/Pdt.Sus-Pailit/2017/PN.Niaga SMg jo 12/PDT.SUS-PKPU/2016/PN.Niaga.Smg for member depositing funds is a member depositing funds unable to withdraw their deposit funds due to a general confiscation. The position of the depositors as a result of the bankruptcy of the Multidana Savings and Loans Cooperative (KSP) is the same (creditorium parity) as concurrent creditors as stipulated in Article 1131 of the Civil Code, and therefore they have the same rights over the results of the execution of the bankrupt bank according to the number of their respective bills.

THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES

In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.

Reducing the Company’s Insolvency: How suspension of debt payment obligation and bankruptcy proceedings help the company?

Corporate insolvency will have an unfavorable effect on the country's economy. Currently many companies are facing the threat of bankruptcy applications in the Commercial Court because difficulty of paying the company's debts to its creditors. In the midst of the situation the number of Covid-19 cases that occurred in Indonesia, it has a negative impact with the decline in the performance of business actors due to the crisis. From that situation, it results in a decrease in the amount of income to the difficulty of paying debts or credit to creditors. To reduce the increase in insolvency, the government seeks the enactment of a moratorium on PKPU and Bankruptcy whose implementation will pay attention to the development of Covid-19 pandemic conditions. This research aims to find out how the implications in implementing a moratorium on PKPU and Bankruptcy in order to reduce the company's insolvency and how its legal protection efforts for creditors and debtors. This research is Normative juridical with a Statute Approach. The results of this study are the implications that will occur in the enactment of the moratorium on PKPU and Bankruptcy and legal protection for the parties under Law No. 37 of 2004 on Bankruptcy and Delay of Debt Payment Obligations. By fulfilling the terms and conditions as intended, the conclusion obtained is that the implementation of the moratorium has a positive and negative impact on the parties and obtains protection and is justified by applicable law but must be in accordance with the applicable provisions.

Theoretical approaches to delimiting the jurisdiction of commercial, civil and administrative courts

The judiciary is called upon to ensure justice, ensuring human rights and freedoms, and balancing private and public interests. In this aspect, a significant role is played by the correct choice of the court that is authorized to consider a case. This problem is acute in the separation of jurisdiction of commercial, civil and administrative proceedings. In view of this, it is vital to study theoretical approaches to delimiting the jurisdiction of commercial, civil and administrative courts. The aim of the work is to analyze theoretical approaches and problematic issues regarding the delimitation of jurisdiction of commercial, civil and administrative courts. The methodology of the study included such methods as comparison, analogy, generalization, systemic, structural-functional method, method of analysis and synthesis. The study of theoretical approaches to the delimitation of jurisdiction of commercial, civil and administrative courts allowed to analyze the characteristics of each of the jurisdictions. It is also remarked that determining the jurisdiction of the dispute remains a rather difficult problem for the practice of law enforcement, due not only to imperfect legislation, but also to existing dogmas in science and practice. Also, the problem arises in determining the criteria for delimitation of jurisdiction.

Kajian Hukum Tentang Pengalihan Perkara Kredit Macet Dari Pengadilan Umum Ke Perkara Kepailitan Ditinjau Dari Asas Kepastian Hukum

In the case of non-performing loans, the bank can report the debtor to the general court as an ordinary civil case, namely default in order to obtain this right. However, there are parties who want to make big profits so that their case is transferred to a bankruptcy court case. The purpose of this study is to evaluate how to test that the dispute that goes to the bankruptcy court is in accordance with the bankruptcy law, determine the billing criteria in accordance with the bankruptcy law in terms of the principle of legal certainty, and to determine debtor protection by taking into account the objectives of the bankruptcy law based on the principle of business continuity.
 The method used in this research is a normative juridical research method. In the library research method, the author uses secondary data, namely data obtained from library materials related to bankruptcy cases submitted to the commercial court.
 After the authors conducted the research, it was found that the method of examining disputes that go to the bankruptcy court is in accordance with the bankruptcy law, namely the things that must be considered by the parties to be able to file an application for bankruptcy or delay. debt payment obligations. What must be considered here are the conditions that must be met if you want to apply for PKPU or bankruptcy, including creditors must pay attention to whether the debtor is eligible to be declared bankrupt because this is regulated in Article 2 paragraph (1), namely "Debtors who have two or more creditors do not pay off at least one debt that is due and collectible, is declared bankrupt by a court decision, either at its own request or at the request of one or more creditors. The criteria for a lawsuit that is in accordance with the bankruptcy law in terms of the principle of legal certainty is that the lawsuit must be appropriate only based on the subject matter submitted by the applicant and not all types of claims are owned by the respondent. which is full to the debtor in the bankruptcy process, for example the bankruptcy principle.

The Concept of Iraqi Commercial Court

With the emergence of new types of disputes, we anticipate the injection of numerous cases and lawsuits into a single regulatory structure, posing numerous problems related to the judiciary's exhaustion, the length of the dispute, the inaccuracy and caution required when issuing resolutions to these disputes, which prompted states to adopt an important principle in their constitutions, namely the judiciary's specialization. Indeed, speeding up the judicial process is associated with achieving justice, as necessary procedures must be completed from the time the case is filed to the time the role of a judgment is established, provided that the legal texts and principles governing the dispute before the judiciary are considered, and then justice is achieved by combining the elements of time and mastery, as can be expected from the time required to resolve a case in the ordinarily. This period is due to the close scheduling of hearings before the competent court as a result of the small number of cases brought before it; on the other hand, the judge who is concerned with experience and know-how avoids the use of experts in all small and large matters, as his specialization in the field of advocacy and the filings before him from the S.A.N. allow him to develop his skill and strengthenhis judgments outside of his area of expertise.

ПРОБЛЕМИ ЗАХИСТУ ПРАВ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ В ГОСПОДАРСЬКИХ СУДАХ УКРАЇНИ

Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights and interests of economic entities. The Commercial Procedure Code of Ukraine has established a mechanism for reviewing a claim, application or complaint with a request to restore the violated / disputed right. The right to judicial protection corresponds to the obligation of the state to create a system of justice that will undoubtedly resolve complex, diverse and numerous court disputes, without violating judicial competence, and will ensure qualified judicial proceedings. In order to optimize the process of consideration of commercial disputes on the protection of the rights and legitimate interests of business entities, the article examines the problems that arise during the protection of the rights and legitimate interests of economic entities in commercial courts of Ukraine. The role of commercial courts in protecting the rights and legitimate interests of these entities has been studied. It should be noted that the urgency of this problem has been acute since Ukraine's independence, as regular changes in current legislation on the judiciary provide more and more topics for controversy not only between scholars but also practitioners. Ukrainian legislation in the field of economic relations not only contains many inconsistencies and contradictions, but also has significant shortcomings. The main factor that violates the stability in the field of protection of economic relations is the adoption of legislative acts that conflict with the Constitution of Ukraine and laws that were adopted earlier. The protection of the rights of economic entities in commercial courts takes place only with the personal participation of entities that have been granted the appropriate legal personality. The possibility of reviewing court decisions in appellate instances is guaranteed by the Constitution of Ukraine.

ПРОБЛЕМНІ АСПЕКТИ ДОСУДОВОГО ВРЕГУЛЮВАННЯ ГОСПОДАРСЬКИХ СПОРІВ

The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to he implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in developed countries are identified. The study draws attention to the fact that today the main type of pre-trial settlement of commercial disputes in the legal field of Ukraine is claims proceedings, its mechanism is described. Considering the prospects for the development of other pre-trial instruments for resolving commercial disputes in Ukraine, in addition to litigation, which are actively used abroad, it should be noted that disagreements between the parties can be resolved peacefully. Mediation has been shown to be an alternative to litigation. Mediation (mediation) is an independent type (method) of alternative dispute resolution. Mediation - negotiations of the parties with the participation of a mediator in order to resolve the dispute (disputes) of the parties by developing a mutually agreed agreement. Mediation can be seen as a means of simplifying and improving access not only to justice but also to justice in general. It is proposed to expand the scope of pre-trial dispute resolution and its types, which, according to the authors, will identify the real causes of disputes between the parties to the conflict. It is substantiated that today the institution of pre-trial settlement of legal disputes - a complex intersectoral legal phenomenon is an independent legitimate form of protection of rights and legitimate interests of legal entities, aimed at resolving private and, in cases expressly provided by law, public conflicts.

ПРОБЛЕМНІ ПИТАННЯ ПРИ ОЦІНЮВАННІ ДОКАЗІВ У ГОСПОДАРСЬКОМУ СУДОЧИНСТВІ

The article examines the impact of the evaluation of evidence from the standpoint of removing the concept of "sufficiency" and consolidating the concept of "probability" in the economic process in connection with changes in the Commercial Procedural Code of Ukraine under the Law of Ukraine of 20.09.2019 acts of Ukraine on stimulating investment activity in Ukraine". Indeed, this law was adopted to improve the business climate in Ukraine, encourage foreign investors and their investments, improve the quality of business regulation to increase business activity and increase Ukraine’s rating on ease of doing business. This law amended the fifth chapter "Evidence and proof" of the Commercial Procedure Code of Ukraine, where Art. 79 has the following meaning: «1. The existence of a circumstance to which the party refers as the basis of its claims or objections is considered proven if the evidence provided to confirm such a circumstance is more plausible than the evidence provided to refute it. The question of the reliability of evidence to establish the circumstances relevant to the case, the court decides in accordance with its internal convictions.". These amendments to the Commercial Procedure Code have affected the process of proving and evaluating evidence in commercial litigation, in connection with which a new standard of proof in commercial litigation has been enshrined in law. It should be emphasized that these changes regarding the replacement of the standard of proof complement the principles of commercial litigation, namely the principles of adversarial and dispositiveness, enshrined in Art. Art. 13, 14, 74 of the Commercial Procedure Code of Ukraine. The legislator has tried to prove that the introduction of changes, namely the category of "probability of evidence", will improve the efficiency of the commercial court in making decisions based on new approaches to the evaluation of evidence in the case to ensure fair, impartial and lawful resolution of disputes. quality protection of violated, unrecognized or disputed rights and legitimate interests of individuals and legal entities, the state.

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

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.

Does judicial effort matter for quality? Evidence from antitrust proceedings in Russian commercial courts

Does judicial effort matter for quality? Evidence from antitrust proceedings in Russian commercial courts

The Mock Application of the Insolvency Law by the Jordanian Courts: Lessons Learnt from Indonesia

Jordan is currently going through difficult economic conditions whose features have begun to crystallize clearly since the outbreak of crises and wars in Syria and Iraq. In addition to that, the year 2020 brought with it the unknown to further complicate the Jordanian economic situation. In order to find a comprehensive solution, the Jordanian legislator used some international references, such as the principles of effective systems of creditors’ rights and insolvency issued by the World Bank and the Legislative Guide to the Insolvency Law issued by the United Nations Commission on International Trade Law (UNCITRAL) to rescue faltering economic projects or those that are about to stumble. The study resulted in the issuance of the Jordanian Insolvency Law No. 21 of 2018. This paper aims to identify the insolvency standard of the Jordanian courts and its impact on Jordan's economy. By applying a qualitative legal approach, this paper analyses the mock application of the Insolvency Law by the Jordanian courts. It also examines the insolvency standard followed by the Jordanian courts via juridical-normative with descriptive analysis. The finding shows that applying the insolvency law in Jordan is still a theory. Jordanian courts should cautiously extend the scope of insolvency theory for the law to achieve the purpose for which it was issued. Comparing the practice in Indonesia, which has switched from the insolvency test concept to the presumption of bankruptcy, this is a lesson because, in the conditions of the COVID-19 pandemic, companies will find it challenging to request reports due to uncertain situations. According to the financial aspect, large companies are still good, but companies are reluctant to pay debts. This condition means that if the system used is a bankruptcy test, this case cannot be brought to the Commercial Court, so the court cannot force debtors who are reluctant to pay their debt obligations.