Minkovskyi S. Legal regulation of procedure for disposition of property of the debtor in case of bankruptcy

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005349

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

04-09-2015

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations which arise up in connection with insolvency of subjects of economic activity and violation of businesses about their bankruptcy. Research purpose: scientific development of theoretical and practical questions of disposing of property of debtor in procedure of bankruptcy (materially legal and judicial) and ground of suggestions on perfection of legislation about insolvency, judicial practice of consideration of businesses about bankruptcy. Research methods: dialectical, formal-logical, historical method, comparative legal method, analytic-synthetic, systemic-structural approach. Theoretical and practical value: it is complex research of disposing of property of debtor in procedure of bankruptcy in which deep and improved in science of economic right and economic judicial right theoretical developments on providing of private and public interests in procedure of disposing of property of debtor in business about bankruptcy. Grounded suggestion on perfection of legislation about insolvency and judicial practice of consideration of businesses about bankruptcy. Drawn on research results in-process the Economic court of the Kharkov area, Kharkov regional department on questions of bankruptcy of Ministry of economy of Ukraine, row of enterprises at the decision of the vexed and problem questions, arising up in procedure of disposing of property of debtor. Scientific novelty: examines the historical aspects of the formation of the Institute of disposition of property of the debtor held the periodization of its development. Identified the purpose, function, disposition of property of the debtor and systematized its features. Investigated ways to secure the claims of creditors, to protect the property interests of creditors in the judicial procedure for the disposition of property of the debtor. Analyzed the legal situation of the parties procedures for the disposition of property of the debtor and the proposal for its improvement. The analysis of the economic and procedural norms in the procedure for disposition of property of the debtor and proposals on improvement of legislation. Investigated the disposal of property of the debtor as the implementation phase of the bankruptcy proceeding, defined its stages, features and optimization. Scope of use: the subjects of legislative initiative, the subjects of law enforcement activity, economic courts, economic entities; institutions of higher education.

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