Open Access
ACTUALIZATION OF PROBLEMS AND NOVELS OF THEORETICAL AND LEGAL SEGMENTS OF CERTAIN BANKRUPTCY PROCEDURES
Author(s) -
Vitaliy Kadala,
Olena Guzenko
Publication year - 2020
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2020-73-4-87-94
Subject(s) - bankruptcy , legislature , context (archaeology) , relevance (law) , business , law and economics , political science , sociology , law , paleontology , biology
The article is devoted to the issues of actualization of problems and novelties in the context of theoretical and legal segments of the bankruptcy procedure. The activities of economic entities are influenced by external and internal factors, but the issues of their solution remain in most cases in the discussions of politicians, scientists and representatives of the business environment. The effectiveness of legal entities has recently proved that the application of bankruptcy proceedings has intensified. However, remediation issues do not always have and receive adequate support. The consequence of these phenomena is the cessation of activities not only of small and medium-sized businesses, but also of individual large businesses. The main task of modern enterprises on the verge of bankruptcy is to develop tools and tools that allow to predict and analyze potential crises, to design options for their resolution and the appropriate information and economic base of management. Practical entrepreneurial activity proves that a number of issues remain unresolved and need more in-depth research and attention. This phenomenon indicates the modernity and relevance of the study given the realities of the functioning of legal entities. The article draws attention to the legislative regulation of bankruptcy procedures, identifies the priorities of legislative initiatives. The question of the scientific position of scientists concerning the characteristic of the conceptual categories "bankruptcy" and "remediation" is investigated. The author's vision of the essential characteristics of these categories is given, the substantiation of expediency of their adaptation in activity of domestic enterprises is given. A package of anti-crisis management measures has been developed taking into account the current realities of doing business. Proposals for improving the legislative regulation from the standpoint of reorganization procedures are presented. The development, approval and adaptation of the "Regulations on the stages of remediation" is proposed. From the author's point of view, it is expedient to include in the structure of the legislative regulator: conceptual apparatus for reorganization procedure, definition of methods and techniques of evaluation of clearly defined criteria with establishment of their normative limits, coverage of monitoring procedures.