Butyrska I. Participants of the proceedings in the bankruptcy case

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003457

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

06-07-2017

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 arising in the field of restoration of debtor's solvency or recognizing it bankrupt. Research purpose: development of theoretical principles concerning the legal status of participants of proceedings about bankruptcy and prepare on this basis, proposals for improving national legislation in the sphere of regulation of the status of participants of proceedings about bankruptcy. Research methods: dialectical, system analysis, formal-logical, comparative-legal, historical, systematic and structural. The theoretical and practical value: deepened and refined in the science of economic law theoretical positions regarding the status of participants of proceedings about bankruptcy. The main provisions of the study were used in the activities of the economic court of Chernivtsi region, Sector on questions of bankruptcy of head territorial administration of justice in the Chernivtsi region Chernivtsi regional organization non-governmental public organization the Society "Znannia"; embedded in the preparation and teaching of lectures "Commercial law" and "Economic procedural law" for the local community and region. Scientific novelty: the study of the legal status of participants of proceedings about bankruptcy. Concept and features of participants of the proceedings in the bankruptcy case are characterized, their classification is made. Taking to account the significant number of participants in the bankruptcy case and their heterogeneity, classification of these participants is proposed on several criteria. The evolution of legal regulation of the status of participants in the bankruptcy case is analyzed, historical prototypes of today's participants of insolvency case are identified. The role of the economic court in bankruptcy case is identified, its special functions are singled out. The legal status of the parties of the proceedings in the bankruptcy case is considered, the features of the legal status of arbitration manager while applying different legal procedures to the insolvent debtor are investigated. The role of participants representing the public interest and related to party of debtor in the proceedings of bankruptcy is disclosed. Scope of use: the subjects of legislative initiative, economic courts and business entities; institutions of higher education.

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