Article | On the Specifics of Bankruptcy Proceedings Regarding Certain Categories of Debtors |
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Authors | VALERIIA RADZIVILIUK |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2018 |
Pages | 130 - 142 |
Annotation | The task of creating a modern legislation which complies with today’s realities and aims at effectively standardizing the bankruptcy relations in Ukraine, and the task of forming the national theory of bankruptcy law involve an urgent need to address a wide range of issues arising, in particular, from the specifics of legal regulation of procedural and material relations in bankruptcy, given the presence of specific parties. The specific legal status of these parties ensues primarily from the peculiarities of their place in our country’s economy in general, its individual administrative territorial units, the area of economic activity, and social and other factors, in particular. The purpose of the article is to analyze the provisions of current legislation which govern the procedural relations in bankruptcy involving certain categories of debtors; to research into the provisions based on bankruptcy law dogma and targeted at the issues relating to standardization of the legal status of debtors with social and other value; and to present the author’s own vision of the lines for improvement of respective bankruptcy law provisions, and in such way to contribute to the overcoming of the problems present in national legislation and to ensure the implementation of its provisions in practice. The article establishes that the most difficult task is to make a correct choice of the appropriate mechanism and legal regulation means which are designated for keeping the debtor in operation and maintaining the balance of interests of participants to bankruptcy proceedings, and which should be applied to a particular debtor with due regard for its economic situation and specifics of operation, and which meet the goals and objectives of bankruptcy legislation. For this reason, these issues require further research. The article demonstrates that in view of the current economic situation in our country, it is crucial that we have legislatively entrenched provisions regulating the specifics of proceedings for certain categories of debtors, but also that they comply with today’s realities. The author comes to the conclusion that security and stability of national economy directly depends on the differentiation of legal regulation of procedural relations in bankruptcy related to the existing specifics of their standardization in respect of certain categories of debtors. Today one of the main and most urgent areas where bankruptcy law should develop is to work out and introduce into Ukrainian bankruptcy legislation the provisions standardizing the implementation of bankruptcy proceedings applied to special categories of debtors.
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Keywords | bankruptcy proceedings; bankruptcy relations; debtors with social and other value |
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