ADMINISTRATIVE LEGAL REGULATION OF THE IMPLEMENTATION OF THE BANKRUPTCY PROCEDURE

Abstract

The article defines the features of the administrative and legal regulation of the bankruptcy procedure. The purpose of the article is to establish the content of the administrative and legal regulation of the bankruptcy procedure. The author refers to the gaps in the conducted scientific and practical research in the field of bankruptcy fragmentary coverage of the problems of the specifics of declaring state enterprises insolvent. It has been established that, in accordance with the current legislation, a judicial procedure for disposing of property is applicable to state enterprises. It has been established that the current legislation of Ukraine establishes an imperative prohibition to prevent the application of the insolvency procedure of state-owned enterprises. The author found that for such enterprises, procedures for reorganization or liquidation are applied after their removal from the list of objects not subject to privatization, that is, the establishment of a regulatory permit for their removal from objects of state property rights. The author concludes that the implementation of administrative and legal regulation of relations in the field of bankruptcy should achieve the effectiveness of the implementation of a number of functions. The special functions of administrative and legal regulation in the field of bankruptcy include: 1) the function of an analytical study of internal and external factors for predicting the economic development of business entities; 2) the function of developing, substantiating and implementing a plan of measures for the rehabilitation of the debtor; 3) the correlation function of the distribution of property received from the sale and the accumulation of resources; 4) the function of cooperation at the national and international levels to ensure the interaction of courts, aimed at protecting the interests and rights of business entities; 4) the function of restoring the solvency of the debtor; 5) the function of exercising control over the timeliness and objectivity of the collection of taxes, other obligatory payments and social contributions.