The dissertation is the first in domestic science comprehensive study of the legal status of the arbitration manager aimed at developing scientifically sound proposals to improve the categorical apparatus of the mentioned party to the bankruptcy case on the basis of current legislation of Ukraine.
The relevance of the chosen research topic is due to the process of dynamic judicial reform, in particular the bankruptcy procedure and the legal status of the arbitration manager as a mandatory participant.
The general analysis of the scientific literature shows that application of the legal provisions on the legal status of the arbitration manager in bankruptcy proceedings still raises many controversial issues, some aspects of which are insufficiently studied and unresolved in court practice.
The introduction to the dissertation substantiates the author's scientific interest in the chosen research topic, indicates its relevance and the current state of scientific research in this area; the purpose, tasks, object and subject, methodological tools of research are defined; scientific novelty and practical significance of the obtained results are substantiated; information on approbation and publication of research results is presented.
The study provides a description of the legal status of the arbitration manager, based on his characteristics as a subject of independent professional activity, qualification requirements for a person during the acquisition of the right to conduct the activities of the arbitration manager and the appointment of an arbitration manager in bankruptcy (insolvency), powers exercised during the procedural stages of property disposal, reorganization, liquidation in cases of bankruptcy of legal entities, debt restructuring, repayment of debts in cases of insolvency of individuals, tax status and membership in a self-regulatory organization.
The genesis of the legal status of an arbitration manager in Ukraine and the procedure for its acquisition is studied, the periodization of the procedure for acquiring the right to carry out the activities of the arbitration manager is provided, the requirements for the person during the acquisition of the status of the arbitration manager and during the appointment to the bankruptcy case (insolvency) are classified. Based on the results of the analysis of foreign experience of enshrining in law the legal status of arbitration managers, common and distinctive features in the legal status of the arbitration manager in Ukraine and other foreign counterparts have been established. The peculiarities of foreign legal regulation of the activity of managers in insolvency cases, which can potentially be used in the further development of the legislation of Ukraine on bankruptcy, are singled out.
An analysis of the statutory rights and obligations of the arbitration manager in terms of their adequacy and compliance with the tasks set for the arbitration manager at various stages of the bankruptcy proceedings was conducted. A set of proposals for improving the efficiency of the arbitration manager in bankruptcy proceedings and improving the procedure for interaction between the arbitration manager and other subjects of bankruptcy was provided.
Some changes concerning the scope, composition and implementation of the powers of the arbitration manager in terms of ensuring the formation of the bankruptcy estate of the debtor, preservation of property assets, inventory of assets and liabilities of the debtor, obtaining information constituting a bank secret about the debtor, analysis of financial and economic condition of the debtor, collection of receivables, appeals against transactions committed to the detriment of the debtor and creditors, control over the debtor's payments in favor of privileged creditors, reporting to the creditors' committee on the work performed, accrued remuneration and expenses were proposed.
The spheres of responsibility of the debtor's management bodies and the arbitration manager are divided in terms of ensuring the inventory of assets and liabilities at the stage of property disposal, as well as the debtor's management in the period from termination of reorganization to appointment of a new head.
