ОКРЕМІ АСПЕКТИ ЗАХИСТУ ПРАВ КРЕДИТОРІВ ПІД ЧАС ПРОЦЕДУРИ БАНКРУТСТВА

Ruban O. O. Some aspects of protection of creditors’ rights during bankruptcy proceedings. - Article. The article is devoted to the study of various aspects of protection of creditors’ rights during bankruptcy proceed­ings. The issues of protection of rights and securing creditors’ claims are considered. The changes made to the legislation on insolvency (bankruptcy) are analyzed. In particular, the rules of the Bankruptcy Code of Ukraine. It is noted that the Bank­ruptcy Procedure Code of Ukraine itself does not provide for the conclusion of an amicable agreement during bankruptcy proceedings, and therefore in this case, commercial courts must be guided by the provisions of the Commercial Proce­dure Code of Ukraine. At the stage of disposition of proper­ty, the rights of creditors are protected by various means, including by limiting the debtor’s ability to independently dispose of their property. However, during the property dis­posal procedure, the debtor has the right to satisfy only those creditors’ claims that are not covered by the moratorium. The article stipulates that the case law is governed by the relevant legislation and correctly determines the illegality of the debt­or’s actions to repay accounts payable during the moratorium on satisfaction of creditors’ claims. The Bankruptcy Code of Ukraine stipulates that all creditors, not only bankruptcy, may challenge contracts entered into by the debtor after the opening of bankrupt­cy proceedings or concluded by the debtor within three years before the opening of bankruptcy proceedings, if such damage to the debtor or creditors. Previously, in the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy” this term was limit­ed to one year. It has been proven that the liquidation procedure is less effective than the rehabilitation procedure, because when selling the debtor’s property assets, creditors re­ceive five to ten times less than their book value. On the other hand, liquidation of the debtor is an extreme way of obtaining debt.