Peculiarities of Legal Regulation of Bankruptcy of State Enterprises

Abstract

Problem setting. Throughout the period of the functioning of the independent Ukrainian state, many development programs have been introduced for individual sectors or sectors of the economy. However, the issue of development of state property did not become a priority. However, for a complete renewal of the national economic system, first of all, the reformatting of property relations. It is worth starting with state ownership as the most important and problematic sector of the economy. However, it is important to choose the right way to carry out reforms in the system of state property, and, in particular, to pay attention to its preservation by optimizing the mechanism of bankruptcy of state enterprises Analysis of recent researches and publications. Issues of legal provision of insolvency of economic entities are considered by such scientists as: B. M. Polyakov, A. M. Biryukov, V. V. Jun, V. V. Radziviluk, B. M. Grek, etc. Unfortunately, there are no conceptual studies of the peculiarities of the proceedings on bankruptcy of state enterprises in Ukraine today. Target of research. The purpose of the article is to the isolation of the main collisions that arise in the field of legal regulation of bankruptcy of state-owned enterprises. Article’s main body. At the legislative level, today are two possible ways of reforming state ownership: the gradual displacement of inefficient owners (in this case, the state or local community) through privatization and bankruptcy procedures or a fundamental change in the system of management of state property and improving the «quality» of management personnel and their responsibilities. In fact, the second way means holding the same privatization, commercialization of state and communal enterprises as an instrument for stimulating economic development. Of course, the second one is better. In the process of analyzing the peculiarities of bankruptcy of state-owned enterprises, a number of questions arise as to how they became insolvent, taking into account their special status. Also, the mechanism of disposal of state-owned enterprises, institutions, organizations is quite interesting and insufficiently studied. The analysis of the legislation in the field of bankruptcy of state-owned enterprises allows us to conclude that in addition to the basic legal act – the Law of Ukraine «On restoring the debtor’s solvency or recognizing it as a bankrupt» – other normative-legal acts regulating separate issues of bankruptcy of enterprises of various branches of economy , which leads to an imbalance in legal regulation. We consider a significant barrier for effective legal provision of bankruptcy procedures and existing conflicts of bankruptcy legislation and legislation in the area of execution of court decisions, as well as tax and labor legislation. These collisions block the proceedings on bankruptcy of state-owned enterprises. Conclusions and prospects for the development. The study of data from open search databases and registries has revealed the inability to find complete information on the prosecution of bankruptcy cases of state or municipal enterprises, which does not allow us to have a clear idea of the real state of debt of the public sector of the economy. In addition, as it turned out, one of the major problems of the legislative regulation of the bankruptcy of state enterprises is the existence of numerous conflicts between the provisions of the Law of Ukraine «On the restoration of the debtor’s solvency or recognition of it as a bankrupt» and other normative-legal acts. Thus, there is a need to establish a «primacy» of the norms of the Law of Ukraine «On Restoration of the Debtor’s Solvency or Recognition as a Bankrupt» as Special in the Sphere of Bankruptcy by Making Additions to Other Legal Acts.