Hushylyk A. Legal status of the debtor in a bankruptcy case

The work is a comprehensive study of the legal status of the debtor in the bankruptcy case, which substantiates the new scientific provisions and formulates conclusions that contain scientific novelty, as well as substantiated proposals to improve the legislation of Ukraine on bankruptcy. The paper proposes to define a debtor in a bankruptcy case from the standpoint of substantive and procedural law as a subject of law who is unable to fulfill its monetary obligations to creditors, in respect of which there is a bankruptcy case in the commercial court or pre-trial reorganization measures are applied. It is argued that the substantive legal status of an insolvent debtor is a prerequisite for the emergence of procedural and legal status of the debtor in a bankruptcy case. Examining the relationship between the substantive and procedural status of the insolvent debtor, it is emphasized that they relate as content and form, and the form (procedural status) can not exist without content (material status), because if the debtor has settled with his creditors, then no it is impossible to speak about what bankruptcy case. The procedural and legal status of the debtor in a bankruptcy case is constantly changing, depending on the stage of the proceedings. Moreover, as a rule, such a change occurs in the direction of reducing the legal capacity of the insolvent debtor. It is emphasized that the division of insolvency factors into external and internal is important in a bankruptcy case, namely in the case of the fault of the founders in bringing to bankruptcy such persons may be prosecuted.