The evolution of the legal regulation of a new concept in Ukrainian economic procedural law is studied – separate proceedings in bankruptcy cases, which cannot be equated with claim proceedings, as they are in a systemic connection with bankruptcy proceedings and depend on the latter.

The purpose of the study is to analyze the legislation and the principles of separate proceedings in the case of bankruptcy, to ensure the system of procedural legislation through the prism of the principles of interaction of separate proceedings with the main bankruptcy case in order to create a normative formula of the specified legal concept and deepen the possibility of its more perfect doctrinal definition and functioning.

Staged prerequisites for the formation of the category “separate proceedings” as a part of bankruptcy proceedings, its development, which changes the traditional perception of an independent institution of the procedural branch of law – the institution of forms of economic justice, are clarified.

 It is proposed to reveal the legal concept of “separate proceedings in bankruptcy cases” at the doctrinal level through its characteristics: the debtor has the legal status of a party, the presence of a special procedural form, a special regime for the use of evidence, special principles and a defined goal determined by the main proceedings – the “balance of interests” of the participants cases due to the fair satisfaction of all creditors’ claims in the order of priority established by law.

Conclusions were formed about the need for further improvement of the legal regulation of separate proceedings in bankruptcy cases, by adding part 6 of Art. 12 of the Civil Procedure Code of Ukraine in accordance with the provisions of the Code of Ukraine on Bankruptcy Procedures, taking into account the fact that bankruptcy proceedings are a special form of economic litigation, which includes both the main proceedings, which are carried out according to the rules of the Code of Ukraine on Bankruptcy Procedures, and additional – a separate proceeding is intended for consideration of property disputes, one category of which is considered according to the rules of simplified litigation (where the party does not acquire the status of a participant in the bankruptcy case), and the other – is considered within the limits of court procedures according to the application procedure.

The opinion is substantiated that the influence of court practice on the consideration of property disputes proves the impracticality of bringing all property disputes into separate legal proceedings.

Bibliography

Authored books

1. Dzhun V, Instytut nespromozhnosti: svitovyj dosvid rozvytku i osoblyvosti stanovlennya v Ukrayini (2-e vyd, vypravl i dopovn, Yurydycheskaya praktyka 2006) (in Ukrainian).

Journal articles

2. Shvydka Т, Ostapenko J, ‘The Features of the reform of bankruptcy legislation during the marital law period’ (2023) 1 Analytical and comparative jurisprudence 229–34 (in Ukrainian).

3. Radzyviliuk V, Poliakov R, ‘Rozvytok konkursnoho protsesu (protsedury bankrutstva) v Ukraini u 2000-kh rokakh’ [2020] 3 (114) Visnyk Kyivskoho natsionalnoho universytetu imeni Tarasa Shevchenka 38 (in Ukrainian).

Newspaper articles

4. Polіakov B, ‘Zablukaly u dvokh stattiakh: Yak oskarzhyty sudovi akty v protseduri bankrutstva?’ Zakon i biznes (12.01–17.01.2020) <https://zib.com.ua/ua/140847.html> (accessed: 20.08.2020) (in Ukrainian).