Peculiarities of consideration of bankruptcy and enforcement proceedings
Keywords:
real estate, right to housing , marriage contract, deprivation of parental rights, alimony, legal protection of children, establishment of parentage, parents, child, family, civil justice, adults, adoption, dismissal, discrimination, judicial control, seizure of property and/or funds, court judgment, enforcement of a claim, court decision, inter-branch relations, executive process, civil process, martial lawAbstract
Peculiarities of consideration of bankruptcy and enforcement proceedings were studied. It was determined that bankruptcy proceedings are based on the general principles of economic litigation, and have significant features that allow it to be separated from claim and injunctive proceedings in economic litigation. The procedure for submitting an application for opening bankruptcy proceedings has been analyzed. The authority of the economic court regarding the verification of the validity of the applicant’s claims, as well as the clarification of the existence of grounds for opening bankruptcy proceedings, was considered. The legal position of the Supreme Court regarding the category «dispute about the right» was analyzed and the conclusion was drawn that, in its essence, the creditor’s appeal to the court with an application to open bankruptcy proceedings is the exercise of the right to judicial protection of one’s property rights in the absence of proper fulfilment of a monetary obligation the debtor The peculiarities of the territorial jurisdiction of the bankruptcy case of legal entities based on the criterion of the location of the debtor are determined. It is established that the case is transferred by jurisdiction, if it does not belong to the jurisdiction of this court, provided that there is no other open bankruptcy case of the same debtor. Otherwise, this case shall be closed, since in the case of transfer of such a case, there will be two bankruptcy cases of the same debtor in one court.
Based on the analysis of the legislation, the specifics of bankruptcy of legal entities and individuals have been established. Consider court procedures that are used in bankruptcy: disposal of the debtor’s property, rehabilitation of the debtor, liquidation of the bankrupt.
In relation to natural persons, the purpose of the bankruptcy procedure is to settle relations regarding the restoration of the solvency of debtors who find themselves in a difficult financial situation and need help from the state. The legislator emphasized the priority of the rehabilitation procedure for the debtor, who, depending on his own will and the circumstances of the case, can receive relief from debts as a result of court procedures in the case of insolvency of individuals.
Peculiarities of execution of court decisions within the bankruptcy case are considered.
Цивільний та виконавчий процес: міжгалузеві зв’язки. Особливості розгляду судами певних категорій справ та виконання судових рішень. Монографія
