Sgara E. Amicable Settlement Practice in the Bankruptcy Procedure

Object of research: a complex of the relations connected to prevention of bankruptcy of the insolvent debtor to the help of practice of procedure of the amicable settlement. The purpose of research is the elaboration of scientific rules and offers on improvement of institute of the amicable settlement as means of legal regulation of the relations of insolvency. Methods of research: dialectic, logic, historical, comparative-legal, analytic-synthetic. Theoretical and practical meaning: rules and recommendations for the further perfection of institute of the amicable settlement in Ukraine theoretically are proved and formulated. The received results can be used in law-making during entering additions and changes in the legislation on bankruptcy and other normative acts, by development of the programs of socio-economic development of regions. The results of research are used by preparation of the report Supreme Rada of Ukraine "Changes and additions to section IV of the Law of Ukraine "About restoration insolvency of the debtor or recognition by its bankrupt " with the concrete offers concerning its perfection", directed in Committee Supreme Rada on legal policy; directly during preparation of the decisions of the Mariupol urban advice about use innovation of the projects for prevention of bankruptcy of the insolvent enterprises; are used in educational process at teaching discipline "The Commercial law". Scientific novelty: is the first complex comparative-legal and historical research of institute of the amicable settlement in procedure of bankruptcy. Public-legal character of norms of institute of the amicable settlement and general tendency on humanism of norms of the law requires the establishments of equal in rights mutual relation in system the creditor-debtor is argued. The application into the Law on bankruptcy of norm, which permit realization of separate negotiation with the largest creditors and assume an automatic cancellation of duties under the requirements of the creditors by third and following turns, is offered. The expediency of inclusion in norms which determine structure of the plan of readjustment and diagram of repayment of debts, of rules which recommend realization of innovation of measures in procedure readjustment and take into account conditions of granting of the credit and terms of its repayment is proved. In procedure of bankruptcy of the insolvent enterprises with the increased level of the social importance to take into account their industrial features is offered. The definition of concept" the amicable settlement" is advanced. Sphere of use are the subjects of the legislative initiative, judicial bodies, subjects of managing in activity on the conclusion of the amicable settlement in procedure of bankruptcy; higher educational institutions.