Yarynko B. Administrative Legal Basis of Realization of Control on Arbitration Manager’s Activity

The dissertation deals with the actual issues of administrative and legal regulation of the control over the activities of arbitration managers. The thesis is a complete scientific work done in Ukraine at a new theoretical level and is a study of administrative and legal regulation of the control over the activities of arbitration managers. The dissertation solves the problem of justification of the existence of administrative and legal relations in the activities of the arbitration manager, in particular, relations with regard to the control of it by the executive authorities, public institutions. The state and society are interested in preventing all kinds of abuse in this area, so that the bankruptcy procedure does not become an instrument of illegal enrichment, evasion of execution of civil, economic and tax liabilities, obligations for payment of wages and implementation of various kind of raider schemes. An effective safeguard against such phenomena may be the exhausted system of state control over the activities of the key operating entity in the system of legal relations in the field of bankruptcy – the arbitration manager. Particularly important, the legal institute of state control over the activities of the arbitration manager acquires in the conditions of a long-term economic crisis, when the social need for a «reset» of the economic system – an effective cleansing of economic relations from the burden of hopeless property obligations – is exacerbated. The delineation of the sectoral affiliation of individual legal relationships, which are implemented within the complex of multi-sectoral legal relationships, is always a daunting task, since all legal relationships are directed at the optimal degree of orderliness and compliance with those social tasks that solve the corresponding social relations. At the same time, such tasks are related and similar, but they are realized by the mechanisms that are unique to it. Of course, these tasks are implemented both through dispositive and through imperative legal regulation, part of the powers and tasks of the arbitration manager is connected with the search for economic and legal consensus, and part with the direct control of compulsory and service powers exercised on behalf of the state. The study, systematization and elaboration of detailed state control procedures in the field of arbitration managers’ activities, as well as the effective regulation of legal remedies for this activity, are an important task that requires comprehensive scientific research and decision-making.