ARBITRATION MANAGERS AS SUBJECTS OF THE ADMINISTRATIVE-LEGAL MECHANISM OF PUBLIC ADMINISTRATION IN THE SPHERE OF IMPLEMENTATION OF THE BANKRUPTCY PROCEDURE

Abstract

The purpose of the article is to establish the content of the status of arbitration managers as subjects of the administrative-legal mechanism of public administration in the sphere of implementation of the bankruptcy procedure. It is determined that the legal status of the arbitration manager at the legislative level is established controversially, while there are ambiguous interpretations regarding its belonging to the sphere of labor relations, or to civil-law relations, or to administrative-law relations. It is emphasized that despite the consolidation of guarantees of the independence of arbitration managers, legal liability measures may be applied to them, among which disciplinary measures are of great importance, which can be implemented in the form of a «warning» and «deprivation of the right to carry out activities». It is established that the current legislation of Ukraine provides for such sanctions as a reprimand or temporary suspension of the right to carry out activities. It is concluded that the development of regulatory and legal regulation of the status of arbitration managers and the administrative and legal mechanism for ensuring public administration in the field of bankruptcy procedures is characterized by such trends as: strengthening guarantees of the independence of arbitration managers; creation of effective means of judicial control and control of self-regulatory organizations over the activities of arbitration managers; determination of the requirements for impartiality of actions in relation to the implementation of the interests of debtors and the absence of a relationship of representation of the debtor, despite the fact that the arbitration manager must actually act as the owner of the enterprise, as the basis of the content of the procedure for bankruptcy and enterprise rehabilitation, despite the fact that the arbitration manager must act as the owner of the enterprise; the public interest, which consists in taking the necessary measures aimed at ensuring the socio-economic growth of the country and its individual regions, should be recognized as a priority in the implementation of policy in the field of bankruptcy procedures.