Chubar Т. Legal regulation of a set of mutual homogeneous requirements in the relationship of insolvency (bankruptcy)

The dissertation is devoted to the study of legal regulation of a set of mutual homogeneous requirements in bankruptcy. The concept and general theoretical conditions of application of a set of mutual homogeneous requirements are reviewed. The periodization of the development of the legal doctrine in the part of regulation of a set of mutual homogeneous requirements in the event of insolvency (bankruptcy) are carried out. The correlation between the set of mutual homogeneous requirements and the main categories of legal regulation of the insolvency (bankruptcy) relationship was established and characterized by a moratorium on satisfaction of claims of creditors and invalidation of transactions (agreements) and refutation of property actions of the debtor. The peculiarities of practical application of a set of mutual homogeneous requirements in certain insolvency procedures (bankruptcy) were revealed and disclosed. It is substantiated that the defining aspects of the application of a set of mutually homogeneous requirements in a bankruptcy are: a term for the implementation of counter-homogeneous requirements and also court practice which is applied to the deptor. The experience of legal regulation of a set of mutual homogeneous requirements according to the law on insolvency (bankruptcy) of foreign countries is systematized. The necessity of the supplementing the Bankruptcy Law with Article 20-1, which would completely regulate the procedure of repayment of creditors’ claims by setting off mutually homogeneous requirements was substantiated.