The article analyzes the problems of applying the institutions of joint and subsidiary liability within the framework of bankruptcy proceedings.

The purpose of the article is to provide scientifically based proposals for coordinating the processes of meeting creditors’ demands by imposing joint and subsidiary liability on persons guilty of the bankruptcy of an insolvent debtor.

The author reaches the following conclusions. Satisfying the demands of individual creditors by bringing to joint and several liability the officials of the debtor’s management bodies who committed violations of the requirements of Part 6 of Art. 34 of the Code of Ukraine on Bankruptcy Procedures (CUBP) regarding the need to apply for bankruptcy in a timely manner to the commercial court in the presence of a threat of insolvency of the debtor, does not violate the principle of bankruptcy immunity.

The creditor’s right to initiate court consideration of the issue of joint liability is mediated by the following legal facts: recognition of the creditor’s monetary claims and establishment within the bankruptcy case of the fact that the debtor’s management bodies violated the requirements of Part 6 of Article 34 CUBP.

The exercise of this right is carried out by the creditor in accordance with the principle of the dispositive nature of economic proceedings at his own discretion and does not depend on the procedural stage of the bankruptcy procedure, the process of formation and realization of the bankruptcy estate, bringing to subsidiary liability the persons guilty of bringing the debtor to bankruptcy.

Court consideration of issues related to the imposition of joint and subsidiary liability is carried out in a separate proceeding within the bankruptcy case. The current paradigm of compensation within the framework of a bankruptcy case for damages caused to an insolvent debtor must be rethought, which, in particular, requires changes to be made to the CUBP regarding the procedure for bringing guilty parties to joint and subsidiary liability.

Bibliography

Edited books

1. Naukovo-praktychnyi komentar do tsyvilnoho zakonodavstva Ukrainy: V 2 t. T. 1 (V Rotan red, 2-he vyd, Faktor 2010).

2. Tsyvilne pravo Ukrainy. Osoblyva chastyna: pidruchnyk (O Dzera, N Kuznietsova, R Maidanyk red, Yurinkom Inter 2010).

3. Tsyvilne pravo: pidruchnyk: u 2 T. T. 2 (V Borysova, I Spasybo-Fatieieva, V Yarotskyi red, Pravo 2011).

4. Tsyvilnyi kodeks Ukrainy: Naukovo-praktychnyi komentar. Tom 7: Zahalni polozhennia pro zobov’iazannia ta dohovir (I Spasybo-Fatieieva red, Straid 2012).

Journal articles

5. Nikolenko L, ‘Materialni ta protsesualni normy i pravovidnosyny: yikh vzaiemozviazok u hospodarskomu sudochynstvi’ [2013] 10 Nashe pravo 148–154.

Websites

6. Zhukov S, ‘Osoblyvosti solidarnoi ta subsydiarnoi vidpovidalnosti’ .