The current practice of bankruptcy proceedings by commercial courts shows that the main issue related to the payment of monetary fees to the commissioner of bankruptcy and reimbursement of costs incurred, is the lack of legal certainty of sources and procedure for payment of remuneration and reimbursement, and also the procedure for assessing the ratio of the volume of work performed by AT to the amount of accrued remuneration.

       The purpose of the article is to analyse the reasons that have a negative impact on the practical implementation of the arbitral trustee’s right to timely remuneration and reimbursement of expenses incurred in the performance of bankruptcy proceedings of legal entities and insolvency of individuals, as well as their own vision.

       The preconditions of occurrence and the current state of shortcomings of the legal regulation of the mechanism of accrual and payment of remuneration and reimbursement of expenses of commissioner of bankruptcy are considered. The legal positions formulated during the consideration by commercial courts of various instances related to the subject of research are analysed. There is a discrepancy between the reporting procedure of the arbitration trustee and the mechanism for exercising the right to receive remuneration and reimbursement of expenses.

     There is a discrepancy between the reporting procedure of the arbitration trustee and the mechanism for exercising the right to receive remuneration and reimbursement of expenses. Proposals are formulated to ensure a balance between the right of the commissioner of bankruptcy to receive monthly remuneration and reimbursement and the right of creditors to be informed about the amount of work performed by the arbitral trustee during the reporting period, the amount of accrued and paid remuneration, incurred and reimbursed costs.

      It is concluded that the existing problematic issues related to ensuring the right of the commissioner of bankruptcy to timely and full remuneration and reimbursement of costs in bankruptcy cases should be resolved by making changes proposed by the author to a number of provisions of the Code of Ukraine on Bankruptcy Procedures.

Bibliography

Theses

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Websites

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