Maksātnespējas process Covid-19 pandēmijas ēnā

Abstract

The author has set two main objectives researching the topic concerning the influence of the COVID-19 pandemic to the insolvency proceedings; the first one being identification how the scope of prohibitions and restrictions impact insolvency proceedings (in particular – legal entities), while the second concerns determining legal and financial instruments that have been implemented on national level, influencing solvency and insolvency proceedings policy during the emergency period. Using analytical and descriptive methods, normative acts and political planning documents have been studied. The historical method provides insight into evolution and development of regulatory frameworks. The comparative method has been applied by comparing the scope of legal and financial instruments on national level in the sphere of management and suppression of consequences of the spread of COVID-19 infection. Conducting the research, the author has aimed to establish specifics of crisis management legislation on both executive and parliamentary powers levels, and relationships with the specific legal framework in the field of insolvency proceedings. State, declaring the emergency state, invented scope of prohibitions and restrictions on the one hand, and promoted targeted financial and legal assistance on the other. The extent of bargaining was balanced with support mechanisms also in the sphere of insolvency of legal entities, highlighting clear and predictable insolvency policy. Targeted restrictions on prohibitions for creditors for submission of an application for insolvency proceedings of a legal person were synchronised with both periods of declaration of the emergency state. A more precise and extended regulation concerning submission of an application for insolvency proceedings of a legal person were invented after the second period of emergency state lasting until 1 March 2021. Scope of legal and financial instruments, invented on both pandemic periods (Year 2020 Fall and Autumn), in majority of cases were of the same nature, but with a different perspective of implementation and availability. In this particular segment of support mechanisms are evolutionary, inventing more flexible and accessible instruments of pandemic recovery funds. Keywords: insolvency, COVID-19, state of emergency, prohibition, legal entities.