Kabenok Y. Legal Regulation of Arbitration Management in the Procedure of Bankruptcy in Ukraine

Thesis is devoted to the study of legal regulation of arbitration management in the bankruptcy procedure in Ukraine. Analyzed the historical background of the emergence and development of arbitration management, the main tendencies of the debtor’s property management ideas and given their characteristics. Arbitration management is considered both in the wide and narrow sense. The legal relations of the arbitration management are characterized; their features and types are defined. The concept of «the legal relations of arbitration management» is suggested. It is argued that the institution of arbitration management is a component of the law of insolvency (bankruptcy). The subject of legal regulation of the institution of arbitration management is revealed. The functions and principles of arbitration management in the bankruptcy procedure are determined. The peculiarities of implementation of arbitration management in separate bankruptcy procedures are distinguished. The criteria for evaluating the effectiveness of arbitration management by the enterprise are outlined. The enterprise management in bankruptcy proceedings in foreign countries is analyzed. The subjects of control over the implementation of arbitration management are specified, their powers are highlighted. Legal principles of bringing arbitration manager to the legal responsibility are considered.