Conceptual approaches to the development and establishment of the bankruptcy institute in Ukraine

Abstract

The article is devoted to a comprehensive assessment of the formation and development of the bankruptcy institute in Ukraine, including the formation of institutions that implement the state bankruptcy policy, the shortcomings and advantages of the functioning of each of them, the main functions of the Ministry of Justice of Ukraine in the implementation of the state bankruptcy policy are defined. The periodization of the formation and development of the administrative and legal regulation of the bankruptcy institute in Ukraine is proposed. In the course of the study, questions related to the main factors, which, in our opinion, had the greatest impact on the development of the bankruptcy institute in Ukraine and on its modernization and transformation were highlighted. In our opinion, the factors influencing the development of the bankruptcy institute in Ukraine are the creation of state institutions, implementation and change of normative legal acts in the bankruptcy procedure. In our opinion, the administrative-legal mechanism for regulating relations that arise in the bankruptcy procedure is a dynamic process and is in constant development and is able to adapt to the changes that occur in the bankruptcy procedure. The leading place in the regulation of the bankruptcy procedure is assigned to the Ministry of Justice of Ukraine. It is appropriate to note that the Ministry of Justice of Ukraine, in the implementation of the state policy on bankruptcy, is endowed with control and supervision, regulatory and informational and analytical functions. In our opinion, it is necessary to determine the spheres of relations in which the functions of the Ministry of Justice of Ukraine are implemented. At the very end, it is worth summarizing that effective administrative and legal regulation is possible only if the ratio of the goal of legal regulation and the actual result of legal regulation is achieved. One of the effective ways to achieve the ratio of the goal of legal regulation and the actual result of legal regulation is to establish cooperation between the structural divisions of the inter-territorial offices of the Ministry of Justice of Ukraine and the Department for Bankruptcy Procedures, by creating round tables with representatives of inter-regional offices (persons who are specifically engaged in auditing the activities of arbitration administrators) , in order to discuss controversial issues that arise in the process of conducting inspections (other control measures), in order to eliminate gaps in the legislation, identified in real situations, when the arbitration managers exercise the relevant powers; with subsequent official publication of clarifications and recommendations, in the form of information sheets, by the Department.