武装冲突期间破产的法律规范问题

Kateryna Vereshchahina
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摘要

本研究之所以具有现实意义,是因为乌克兰关于破产的国家立法与国家领土上的当前情况不一致,这与俄罗斯联邦的全面入侵有关。戒严令导致大中小型企业破产的风险很高,特别是在不受控制和暂时被占领的领土上。因此,本研究的目的是证明有必要完善有关破产的国家立法,提高在军事对抗条件下实现权利、履行义务和保护经济实体利益机制的效率。著作的主要写作方法有:历史法、比较法、统计法、分析法、综合法。这项工作的成果如下:研究了调节破产法律关系的立法,发现了哪些经济活动主体面临破产风险,并研究了战争对经济领域法律调节状况的影响。对国家破产立法的主要缺陷做出了结论。此外,还研究了根据现代条件制定的破产程序能否进一步维护债务人的声誉和按比例满足债权人权利的问题。此外,还指出了因俄罗斯军事侵略而遭受损失和破坏的企业从侵略国方面获得损失赔偿的可能性。还讨论了实行暂停破产的适宜性以及这种限制的主要弊端。提出了在乌克兰境内战争条件下改善和提高法律规定的破产程序执行机制有效性的进一步方向。研究成果可作为破产领域进一步立法发展的理论基础。
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Problems of legal regulation of bankruptcy during armed conflict
The relevance of the study is due to the inconsistency of the national legislation of Ukraine on bankruptcy with the current conditions on the territory of the state, which are connected with the full-scale invasion of the Russian Federation. Martial law causes high risks of destruction of medium, small and large business enterprises, in particular in uncontrolled and temporarily occupied territories. Thus, the purpose of the study is to justify the need to improve the national legislation on bankruptcy, increase the efficiency of the mechanisms for the realization of rights, the fulfilment of obligations and the protection of the interests of economic entities in the conditions of military confrontation. The main methods used to write the work: historical, comparative, statistical, method of analysis, synthesis. The results of this work turned out to be the following: the legislation regulating legal relations regarding bankruptcy was investigated, it was found out which subjects of economic activity are at risk of bankruptcy, and the impact of the war on the state of legal regulation of the economic sphere was investigated. A conclusion was made regarding the main shortcomings of the national bankruptcy legislation. The question of the possibility of preserving the debtor’s further reputation and the proportional satisfaction of creditors’ rights by following the bankruptcy procedure, which was developed in accordance with modern conditions, was also investigated. The possibility of compensation for losses from the side of the aggressor country for those enterprises that suffered losses and destruction as a result of Russian military aggression is also indicated. The expediency of introducing a moratorium on bankruptcy and the main disadvantages of this type of restriction are discussed. Further directions for improving and increasing the level of effectiveness of the legally provided mechanisms for the implementation of the bankruptcy procedure in the conditions of war on the territory of Ukraine are proposed. The results of research work can be used as a theoretical basis for further legislative developments in the field of bankruptcy.
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