Lazarenko V. Criminal liability for bankruptcy of certain subjects of economic activity under the legislation of Ukraine

The dissertation is devoted to the study of the peculiarities of the application of criminal liability for the bankruptcy of certain subjects of economic activity under the legislation of Ukraine. Chapter 1 of the dissertation examines the social essence of bankruptcy as an act, analyzes what constitutes its social danger, defines the historical periods of the introduction of liability for criminal offenses in the field of bankruptcy in Ukraine, and also establishes the basis of criminal liability for bankruptcy or bankruptcy in criminal cases codes of foreign countries. After the declaration of independence, legislation is developing in Ukraine, in particular, the new Criminal Code of Ukraine was adopted in 2001, which established a logically structured system of criminal-law protection of relations in the field of bankruptcy, however, in 2011, part of the criminal-law norms were decriminalized, and there was also a change in "improvement of responsibility for intentional bankruptcy, by canceling punishment in the form of restriction of will and introducing a milder punishment in the form of a fine. On the basis of the analysis of scientific and legal literature, it was concluded that the current legislation of Ukraine does not contain a definition of the term "sustainable financial insolvency", and scientists and researchers define it as the debtor's inability to restore his solvency and fulfill his monetary obligations to creditors after the set deadline for their payment. . It was established that the concept of "insolvency" is broader than the concept of "bankruptcy", since insolvency is the debtor's inability to fulfill his monetary obligations to creditors, which can be restored by applying the procedure of rehabilitation (in the case of the debtor - a legal entity) or restructuring (in the case of the debtor - natural person), while bankruptcy is the inability of the debtor to restore his solvency and satisfy the monetary demands of creditors other than through the application of the liquidation procedure, recognized by the commercial court.