Zabrodin O. Improving the legislation on the restoration of solvency of state-owned enterprises

The dissertation is devoted to the complex research of determination of legislative and practical ways of restoration of the state’s unprofitable assets in bankruptcy procedures and extrajudicial procedures; determination of ways of improvement of the legislation, court practice and activity of crisis managers in the sphere of bankruptcy of state enterprises. The dissertation examines the historical prerequisites for the emergence and development of bankruptcy legislation, including state-owned enterprises; compares the legislation of Ukraine and foreign countries on bankruptcy of state-owned enterprises; compares the most characteristic features of bankruptcy of state-owned enterprises in different legal systems; identifies theoretical and practical problematic issues of restoring the solvency of state-owned enterprises as a whole, as well as the legislation, court practice and activity of crisis managers in the sphere of bankruptcy of state-owned enterprises; defines ways to restore the solvency of state-owned enterprises on the way to preserve the assets of the state; develops proposals for improvement of the legislation, court practice and practice of crisis managers in the sphere of bankruptcy of state-owned enterprises. The dissertation proposes to change the name of The Ukrainian Code of Bankruptcy Procedures, based on the setting of the priority goal, which is to restore the solvency of the debtor; to include in this code the provisions on the settlement procedure, indicate the priority of the settlement and reorganization procedures, provide for the possibility of a transition from the liquidation procedure to reorganization; to amend The Ukrainian Code of Bankruptcy Procedures for the return of authority to agree on a rehabilitation plan by a debtor’s management body, to provide the right to approve a rehabilitation plan to a court independently without coordination with the management body in case of unreasonable refusal to coordinate it by the latter; The dissertation proposes to consolidate at the legislative level the introduction to the staffing list of relevant ministries (departments, committees, etc.) that manage the insolvent state-owned enterprise of a new position, the Commissioner of the Ministry (department, committee, etc.) to overcome the insolvency of state-owned enterprises and coordination of bankruptcy proceedings; repeal the Law of Ukraine «On recognition as invalid the Law of Ukraine «On the list of objects of state property rights not subject to privatization» of 02.10.2019 № 145-IX. Key words: bankruptcy, state-owned enterprise, restoration of solvency, prevention of bankruptcy the order property, sanation, liquidation.