Dissertation for the Doctor of Philosophy degree in specialty 081 "Law". – Zaporizhzhia National University, Zaporizhzhia, 2022. A comparative legal study of the institution of bankruptcy (insolvency) in Ukraine and Germany was conducted, in particular the genesis of the tender process, individual elements of the modern bankruptcy (insolvency) procedure, features of proceedings in cases of insolvency of individuals. The dissertation developed new theoretical provisions regarding the genesis of the institution of bankruptcy (insolvency) in Ukraine and its modern reformation, as well as proposals for improving the current Code of Ukraine on bankruptcy procedures were prepared on this basis. It is proposed to make changes to the KzPB, namely to move away from the "binding" of decision-making by meetings and the creditors' committee to the number of votes. It is pointed out the need to combine the number of votes with the number of creditors who vote (at least for making a decision by the creditors' committee, given the possible number of creditors in the creditors' meeting), regarding decisions on important issues, the list of which must be approved at the legislative level. In particular, such a list should include the issue of applying to the court for the purpose of appointing or dismissing the arbitration administrator, as well as giving consent to the sale of the debtor's property and agreeing on the terms of such sale. It is also proposed to enshrine at the legislative level the provision on the invalidity of the decision of the creditors' committee in the event that all its members are not properly notified of the meeting. It was revealed that, unlike KzPB, the Insolvenzordnung stipulates the election of non-creditors as members of the creditors' committee. For them, the possibility of receiving wages, dismissal and prosecution is provided. It is noted that such provisions enable creditors' meetings to appoint persons with certain professional skills as members of the creditors' committee for a fee. It is proposed to improve the regulation of the legal status of the arbitration manager, in particular: 1) to change the procedure for removing the arbitration manager at the initiative of the creditors' committee without grounds, foreseeing the need for the court to analyze the level of professional and business qualities of the arbitration manager; 2) to change the terms of payment by imposing a ban on the payment to the arbitration administrator of the main remuneration and expenses incurred at the expense of creditors. It was found that the German legislation provides for two types of bankruptcy trustees: a bankruptcy trustee and a temporary bankruptcy trustee. It is argued that the German legislator stimulates the bankruptcy administrator to perform high-quality, efficient and conscientious work by establishing the salary of the bankruptcy administrator and guaranteeing its receipt by the state in cases where the debtor was granted a delay in the payment of court costs and a fine, as well as the obligation to compensate for damages that were caused to the creditors and the debtor in case of improper performance by the bankruptcy administrator of the duties assigned to him. It was established that the definition of insolvency under both German and Ukrainian legislation is unclear. However, in contrast to domestic legislation, German legislation requires persistent insolvency to initiate a tender process. It was established that the debtor's deeds in the bankruptcy procedure should be declared invalid both in the case of intent to hide funds, and in the case of their unprofitability or quasi-delict. It is proposed to establish a period of "distrust", differentiating it depending on the situation, in particular: with a duration of one year - for contesting loss-making transactions committed without malicious intent by the debtor; three years – in case of quasi-delict; from ten to fifteen years - in the event that the debtor had the intention to hide his assets. It was determined that if the debtor had signs of insolvency before the beginning of the "distrust" period, then the beginning of this period should be considered precisely the moment of their onset. It was established that, unlike Ukraine, in Germany, the realization of the debtor's property at auction is considered a loss-making and unreasonably long procedure. It is proposed to use the experience of German legal regulations and move away from the mandatory sale of the bankrupt's property at auction and authorize the representative bodies of creditors to sell the property in a private law manner. The need to define the list of subjects for contesting the results of the auction and to establish a one-month limitation period for contesting its results is substantiated in order to ensure the swiftness of the bankruptcy procedure, compliance with the terms of the liquidation procedure established by the legislator, as well as to protect the...
