БАНКРУТСТВО ФІЗИЧНИХ ОСІБ: АКТУАЛЬНІ ПРОБЛЕМИ ДЛЯ УКРАЇНИ ТА ЄВРОПЕЙСЬКИЙ ДОСВІД

Abstract

The content and legal nature of the bankruptcy procedure of an individual are disclosed. With the adoption of the new Bankruptcy Code of Ukraine, the proposed topic is taking on a new emphasis on research. The current state of
economic and legal support of the bankruptcy procedure of an individual is investigated, the systematic analysis of legislation in the field of bankruptcy of individuals is carried out. The most topical problems of bankruptcy of individuals in Ukraine have been researched and discovered. The possibility of its application solely to the natural person conducting business activity or debt of which to the creditors is the result of such activity is proved, also it is proved that the bankruptcy procedure cannot be applied to the natural person who has a debt to the creditor after the due date for execution their obligations. The peculiarities of the regulation of the bankruptcy of natural persons according to the Bankruptcy Code of Ukraine, whose adoption is intended to solve this problem and bring the standards of proceedings in the case of bankruptcy of individuals to the requirements of the EU legislation, are identified and analyzed. The inaccuracies and shortcomings of the specified codification act are outlined, in particular the absence of the possibility of instituting bankruptcy proceedings against an individual at the initiative of creditors and others. Some provisions of the legislation of the EU countries (Belgium, Netherlands, Germany) in the field of regulation of insolvency relations of individuals are investigated. In particular, it has been established that the bankruptcy procedures of a natural person under EU law are also not perfect and contain national features, but some effective examples should be implemented in domestic practice. The directions of elimination of the main shortcomings of the economic and legal regulation of the bankruptcy procedure of an individual under the legislation of Ukraine are proposed, which are aimed at increasing the efficiency of the said procedure.