Bankruptcy is one of the most complex areas of regulation of private law relations. Insolvency relations with a foreign element require special attention from both the legislator and law application institutions. In cases of cross-border insolvency, judges are faced with the need to resolve conflicts of law regarding the competent court and the applicable law, as well as conflicts not directly related to insolvency. Such relations are contractual, financial, corporate, and even family and labor. As a result of the latest large-scale reform, which ended with the adoption of the Code of Ukraine on Bankruptcy Procedures, a significant step has been taken towards bringing the relevant legislation closer to international standards within the framework of European integration. Today, the modernized Civil Code should become the basis for the further development of this quite specific area of national legislation. However, there are still some elements of the national bankruptcy legislation that require further improvement, taking into account the recommendations for building an effective system for resolving private persons’ debts. At the current stage of updating (recodification) of civil legislation, it is proposed to harmonize the relevant provisions of the law on bankruptcy with the provisions of the legislation on private international law. The article analyzes the current state of development of the legislation of Ukraine on crossborder bankruptcies in the context of improving regulation in the field of private international law. The author of the article concludes that in the process of implementing the provisions of the new Civil Code, the general provisions of private international law will need to be implemented in special legislation. This requires taking into account the conflict of laws provisions of the EU Regulation 2015/848 on insolvency proceedings. The author justifies the approach according to which Book Eight “Private International Law” of the draft Civil Code of Ukraine should become the basis for expanding the mechanisms of conflict regulation in cross-border bankruptcy cases, provided for in special legislation. In this context, the definition of the conflict binding lex concursus, which is specified by case law in the European Union, requires more substantive content. As a result of the research, the further development of bankruptcy legislation is substantiated and the main directions of approximation of domestic legislation to the norms and standards of the European Union in the field of conflict resolution in cross-border bankruptcy cases are formulated.

Authored books

1. Biryukov O, Nauka pro bankrutstvo: vybrani pratsi (Alerta 2023) (in Ukrainian).

Edited books

2. Campbell D, Campbell C (eds), International Civil Procedure (Second Edition, Juris Publishing 2011).

3. Dovgert A, Kysil V (red), Mizhnarodne pryvatne pravo: pidruchnyk (2-he vydannia, Alerta 2014) (in Ukrainian). pravoua.com.ua 70 Олександр Бірюков

Journal articles

4. King A, ‘Global Civil Procedure’ [2021] 62(1) Harvard International Law Journal 223–293.

5. Biryukov O, ‘Rozghliad transkordonnykh sprav pro bankrutstvo v Ukraini: skladnoshchi i perspektyvy’ [2017] 11–12 Yurydychna Ukrainy 63–72 (in Ukrainian).

6. Dovgert A, Biryukov O, ‘Transkordonni bankrutstva ta rekodyfikatsiia tsyvilnoho zakonodavstva Ukrainy’ [2022] 4 Visnyk Natsionalnoi akademii pravovykh nauk Ukrainy 111–128 (in Ukrainian).

Theses

7. Biryukov O, ‘Transkordonni bankrutstva i mizhnarodne pryvatne pravo’ (dys d-ra yuryd nauk, 2010) (in Ukrainian).

8. Novoseltsev I, ‘Transkordonna neplatospromozhnist u mizhnarodnomu pryvatnomu pravi’ (dys kand yuryd nauk, 2012) (in Ukrainian).

9. Stakhieieva-Bohovyk O, ‘Transkordonna nespromozhnist: pravova katehoriia “tsentr osnovnykh interesiv borzhnyka”‘ (dys kand yuryd nauk, 2015) (in Ukrainian).