CERTAIN ASPECTS OF PRE-TRIAL REHABILITATION AS A TYPE OF RESTRUCTURING OF ECONOMIC ENTITIES

Abstract

The purpose of the article is to investigate the
peculiarities of the regulation of pre-trial
rehabilitation in Ukrainian legislation, as well as the
judicial practice of applying the regulatory provisions
of the law, to identify potential gaps and to propose
ways of their solution. Research methods. Various
general scientific and special methods of cognition
were used to achieve the goal. With the help of
methods of analysis and synthesis, as well as the
comparative legal method, the peculiarities of the pretrial
rehabilitation procedure are determined, and
with the help of the systemic-structural method, its
place within the insolvency institution, as well as
potential gaps in the regulatory legislation are
identified. The application of the abstraction method
made it possible to clarify the real risks from the
identified shortcomings of the legislation for judicial
practice. Prognostic and comparative legal methods
were used to determine directions for improvement of
the Code of Ukraine on bankruptcy procedures.
Conclusions and suggestions. The scientific novelty
of the article consists in the study and analysis of the
provisions of the legislation, the views of scientists and
judicial practice on the subject of the presence of gaps
in the legislation regulating the conduct of pre-trial
rehabilitation, as well as in offering one's own
directions for solving the identified problems. The
article highlights the problem of insufficient informing
creditors about the debtor's condition during the
initiation of the pre-trial rehabilitation procedure, for
the solution of which it is proposed to establish the
obligation to include a financial analysis into the
rehabilitation plan.
In order to avoid potential abuses by
unscrupulous debtors who are trying to approve the
reorganization plan using the votes of creditors
related to them, it is proposed to expand the concept
of "persons concerned with respect to the debtor" by
including in the list also legal entities that during the
last three years had any joint managers with the
debtor.
In addition, the article shows that in the case of
using the pre-trial rehabilitation procedure to delay
time, the Bankruptcy Code of Ukraine does not provide for any responsibility or method of influencing the unscrupulous debtor. It is proposed to introduce liability for abuse of the rehabilitation procedure and misleading creditors with an unlawful purpose, in particular, evasion of debt payments.

Keywords: insolvency, bankruptcy, rehabilitation, pre-trial rehabilitation, rehabilitation of the debtor prior to the opening of bankruptcy proceedings, Code of Ukraine on bankruptcy procedures, abuse of law, arbitration administrator, recovery of the enterprise, restructuring of assets, creditor, commercial court.