Sarnatsky M. A. Administrative and legal foundations for implementation of
state bankruptcy policy in Ukraine. – Qualification scientific work on the rights of the manuscript.
The dissertation for Scientific Degree of the Doctor of Philosophy in the field of 08 Law by specialty 081 Law. – Taras Shevchenko Kyiv National University – Taras Shevchenko Kyiv National University. Kyiv, 2021.
The dissertation is independently completed scientific work is dedicated to the study of administrative and legal principles of state policy on bankruptcy in Ukraine. In particular, the essence of the state policy on bankruptcy as an object of administrative and legal regulation has been investigated, and also the legal foundations for implementation of the state policy have been analyzed, the corresponding author’s definitions of concepts like «the state policy on bankruptcy», «administrative and legal regulation of the state policy on bankruptcy issues» have been substantiated and resulted, as well as the classification characteristics of peculiarities on the formation and operation of the system of entities endowed with competent powers to implement state policy on bankruptcy have been improved.
The necessity of administrative and legal support for the implementation of state policy on bankruptcy has been approved, with the need taken into account as for the following: to ensure the stability of the economic system, in particular its macro- and micro-indicators; to stimulate subjects of economic relations through the redistribution of Gross Domestic Product; to provide competitive environment, through the stability of the legal system, to deliver the right on fair trial and the supremacy of the law in the field of public administration; to protect interests of both creditors and debtors;
The provision has been improved, i. e. in conditions of instability of economic relations aggravated by the COVID 19 pandemic, in regards of implementation of the state policy on bankruptcy, which should acquire special meaning, envisaging the application of regulatory measures set for both legal and organizational nature. In addition, it is noted that the implementation of state policy on bankruptcy in Ukraine is carried out within the administrative type of relations, while administrative and legal support is implemented through the use of substantive and procedural rules of administrative law.
Basing on the analysis of current legislation and practice of bankruptcy proceedings, a list of reasons that explain the necessity for administrative and legal regulation of state policy on bankruptcy.
It is proved that the legal basis for implementation of the policy studied by the author are legal acts of different legal content and direction, belonging to this sphere, the rules of which regulate the relationship of bankruptcy and insolvency.
Grounding on comprehensive study of functions and principles of state policy in the field of bankruptcy, it has been emphasized that these categories play an important role in the process of administrative and legal regulation, since they form fundamental basis for this regulatory influence upon the bankruptcy.
The emphasis is stressed on problematic aspects of the implementation of state policy on bankruptcy proceedings, among which there are following: unjustified duration of bankruptcy proceedings; high cost for these procedures, insufficient professional level of arbitration managers, legislative irregularity of the mechanism for professional liability insurance of arbitration managers, etc.
Basing on the detailed analysis of regulations and administrative acts being instruments for implementing state policy on bankruptcy in Ukraine, the conclusion has been made on the necessity to develop and adopt special legal act that would determine the nature, content, species characteristics and use of these acts by public administration entities.
The conclusion is substantiated as for the administrative procedure of the state policy on bankruptcy implementation, where also the order of power subjects activity on realization of the state policy on bankruptcy has been legally defined, which is being regulated by administrative and procedural norms focused on the creation and development of the list of organizational, economic and other conditions necessary for the implementation of procedures to restore the solvency of the debtor or approving his bankruptcy.
The provision that the state of implementation effectiveness of state policy on bankruptcy depends on the factors of regulatory, organizational, economic, political, social, technological, socio-psychological, moral and ideological, informational nature, and therefore requires authorized entities to take into account their contents and special features.
It has been manifested that the improvement of legislation involves the formation of such a system, which should include laws, regulations and administrative acts that should be logically consistent and systematized. The peculiarity of this improvement is that it applies not only to bankruptcy law, but also to the law in the whole.
Taking into account positive foreign experience of administrative and legal support for implementation of state policy on bankruptcy (France, Germany, USA, Poland), the author substantiates the feasibility of its use, which is to promote the development of legal and organizational measures to implement the policy under study.
Key words: bankruptcy procedure, debtor, creditor, implementation of state policy, state policy in the field of bankruptcy, arbitration manager.