Dissertation for the degree of Doctor of Philosophy in the specialty 081 “Law”. - Oles Honchar Dnipro National University, Ministry of Education and Science of Ukraine. - Oles Honchar Dnipro National University, Dnipro, 2025.
The dissertation research provides a comprehensive theoretical and legal understanding of the bankruptcy institution as an important tool for administrative and legal regulation of economic activity of business entities in conditions of insolvency. For the first time, at the level of a separate scientific study, the author provides a comprehensive description of the administrative and legal mechanism for regulating bankruptcy in Ukraine, determines its place in the public administration system, and substantiates the conceptual foundations for the transformation of this mechanism in the context of European integration processes and the need to ensure the effective functioning of insolvency procedures.
The dissertation research is devoted to the development of a new model of administrative and legal regulation of the bankruptcy institution in Ukraine. The work thoroughly analyzes the legal nature of the basic concepts of this area - “bankruptcy”, ‘insolvency’, “debtor” - and their correlation. The author makes a retrospective analysis of the evolution of national bankruptcy legislation: from the first Law of Ukraine “On Bankruptcy” of 1992, adopted during the transition period and marked by significant shortcomings due to the lack of practice and failure to take into account foreign experience, through the new version of 1999 (“On Restoring Debtor's Solvency or Declaring a Debtor Bankrupt”), which was an important step forward by prioritizing the restoration of debtor's solvency and introducing a more thorough regulation of court procedures for rehabilitation, liquidation and liquidation of debtors.
The author also highlights the current stage of reforms, which resulted in the adoption of the Bankruptcy Code of Ukraine (2019), a “revolutionary” act aimed at speeding up procedures, improving business conditions and minimizing abuses in this area. It is noted that despite the positive innovations, the 2019 Code retained the pro-creditor orientation of the legislation and created new gaps: experts point out that a number of its provisions may cause problems that neither debtors nor creditors have previously faced, which makes it necessary to further improve the bankruptcy model.
As part of the analysis of the procedural aspects of bankruptcy, the author defines the role of administrative and legal institutions in coordinating and controlling insolvency procedures. It is proved that administrative regulation in the field of insolvency performs a number of key functions - from analytical forecasting of the financial condition of entities and planning of rehabilitation measures to direct control over the implementation of procedures and interagency coordination of participants.
The author clarifies the legal status of an insolvency receiver (property manager, rehabilitation manager, liquidator) as a central figure in bankruptcy procedures with special powers and responsibilities, as well as the mechanisms of administrative influence on his/her activities (licensing, supervision, disciplinary liability, etc.). The author examines the prospects for implementing foreign experience in national practice, in particular, the provisions of Directive (EU) 2019/1023 on preventive restructuring, which are intended to introduce early response procedures to the threat of insolvency in Ukraine.
It is emphasized that this EU Directive establishes modern European standards for restoring solvency, in particular, early warning procedures for insolvency aimed at preserving business viability and minimizing losses of creditors and debtors, and therefore its implementation is an important step in bringing Ukrainian legislation closer to European law.
