Key Benefits:
Making changes to certain legislative acts of Ukraine regarding the performance of economic obligations
(Verkhovna Rada Information (VR), 2013, No. 40, pp. 540)
Verkhovna Rada of Ukraine Orders:
I. Amend the following legislative acts of Ukraine:
1. Articles 86 Office of the Code of Procedure of Ukraine (Information of the Verkhovna Rada of Ukraine, 1992, No. 6, pp. 56) complement the third such content:
" The owner of the master court, except the cases stipulated as part of the first of this article, shall be issued also to impose an arrest on the property or withdrawal of his arrest in the event of recognition of a non-valid credit treaty, in which execution of a plaintiff's obligation. provided by the capital property, and in the case of recognition of the invalid contract of bail, which is provided by the complainant to its obligations under the loan agreement. "
2. Articles 345 Economic Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 18-22, art. 144) to complement part of the third such content:
" 3. The legal implications of the validity of the credit contract, as well as the validity of the contract of bail, which is provided by the borrowing of their obligations under the loan agreement, are determined by the Civil Code of Ukraine ".
3. Civil Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 40-44, art. 356) supplement article 1057 - 1 such content:
" Article 1057 - 1 . Legal implications of the validity of a credit contract
1. In the case of recognition of a non-valid credit treaty, the court's claim in a mandatory order applies the consequences of the invalidity of the legal order stipulated by part of the first article 216 of this Code, and defines a monetary sum that should be returned to the creditor.
2. Knowing a non-valid credit contract in which the execution of a plaintiff's obligation is provided by the office property of the plaintiff or a claimant, the court claims that the creditor will be arrested on such property.
3. Arrest of property shall be lifted if, within 30 days of the day, by the decision of the legal decision, the decision of the court will be returned by the creditor to the court. If an obligation to return funds is not made, the lender has the right to appeal to the court with a lawsuit against the arrest of the arrested property.
4. Arrest of property, according to part 2 of this article, is subject to withdrawal after the obligation to return to the creditor of funds in the amount determined by the court.
5. Knowing a non-valid bond agreement that ensured the execution of a plaintiff with a credit contract, the court for a statement by the creditor would impose an arrest on the property that was the subject of bail. Such arrest is subject to the withdrawal of a pledge to return to the creditor for a loan agreement, and in the event of a credit agreement that is invalid-after the execution of a pledge to return to the creditor of funds in the amount determined by the court according to the part of the first of this article. "
4. In The Law of Ukraine "On renewal of the debtor's solvency or recognition of his bankrupt" (Information of the Verkhovna Rada of Ukraine, 1999, No. 42-43, pp. 378 with the following changes):
1) in Article 11 :
The first part of the seventh to exclude;
Add part of the seventeenth to the following:
" 17. The Court of Justice has no right to stop proceedings against bankruptcy. "
2) part of Article 16 after the paragraph of the third paragraph to complement the new paragraph of the content:
"approval of the debtor's plan".
In relation to this paragraph, the fourth would be considered a paragraph by the fifth;
3) in Article 17 :
in the paragraph of the first part of the second word "approval of the debtor's plan" to exclude;
in the paragraph of the fourth part of the sixth word "on the approval of the committee" to replace the words "for approval by the meeting";
(4) Part of the fourth-sixth article 18 is set out in such an editorial:
" 4. The Sana'a ' plan is considered by the creditors of creditors, who are summoned by a management santation in a four-month-long period from the day of the sentencing of the host court, if the other is not provided by the Act. The management sanaise reports all creditors, including creditors, whose requirements are secured by the debtor ' s office, about the date and place of the creditors meeting and the two weeks before the meeting gives them the opportunity to pre-visit. A plan of santation.
The settlement plan is considered to be approved if the creditors are supported by more than half votes of the competitive creditors and provided that all creditors whose requirements are secured by the debtor's staff, agreed the plan of the settlement.
If one of the creditors or all of the creditors whose requirements are secured by the debtor do not agree with the santation plan, other creditors can make one of the following decisions:
on the allocation of things given to the property of the debtor, their sales at the auction and the satisfaction of the requirements of such creditors by selling funds;
about the issuance of debt according to the information register of the creditors ' requirements.
5. The Assembly of creditors can take one of the following decisions:
To approve the plan of santation and submit it to the approval of the host court;
Reject the plan of santation and appeal to the host court with the petition for the recognition of the debtor's bankruptcy and the opening of the liquidation procedure;
Reject the plan of santation, appeal to the host court with the petition to liberate the administration of the santation against the fulfillment of the duties and the appointment of a new managing santation. The stated decision must contain the date of the convening of the meeting of the creditors to review a new settlement plan, which should be held at a time later than in the monthly deadline of the decision to reject the plan.
Approved by the creditors of the creditors ' plan and the protocol of the creditors, along with the confirmation of the approval of the santation plan, the requirements of which are provided by the debtor estate, are served by the administration of the loan to the host court for approval Later, five days from the day of the meeting of the creditors. The protocol of the meeting of creditors may contain a special opinion of creditors who voted against the order and the lines of repayment of the debt, stipulated in terms of santation.
In case the creditors decide to buy debt pursuant to part of the fourth of this article, the administration of the Sana'a will give the relevant treaty to the court.
The managing santation is required to pre-agree a debtor's sanal plan with a body authorized to manage the state-owned mine, regarding the debtor's business property, in which the share of state ownership exceeds fifty percent.
The court approves the approved and agreed plan of the debtor's santation plan, which is to be worn out, which may be challenged in the prescribed order.
6. If, within six months of the sentencing, the loan to the host court was not submitted to the debtor's plan, the court decided to recognize the debtor's bankruptcy and open the liquidation procedure according to that Act.
In the case of approval by the creditors of the santation plan, which foresees a longer line of debtor's application than originally set, the host court continues to scatter if there is reason to believe that a continuation line of santation and the implementation of the santation plan Ensure the recovery of the debtor's solvency ";
(5) Paragraph 3 of the third part of the first article 53, after the words "consent", would be supplemented with the words "all creditors whose requirements are provided by the capital, as well as".
5. In Executive proceedings of Ukraine "On executive proceedings" (Information of the Verkhovna Rada of Ukraine, 2011, No. 19-20, art. 142):
(1) Paragraph 7 of the first article 49 shall be taught in such an editorial:
"(7) Recognition of debtor bankrupt";
The first sentence of a part of the fourth is complemented by the words "and the bodies that lead the State Registry of the circumcising of the moving property";
Add part to the ninth of this content:
" 9. While conducting a property of a debtor, a legal person and an arrest warrant for him, the artist also use information on the proper inventory of property according to accounting. During the adoption by the State Executive of the Order of Arrest of the Property, the arrest is extended to all the current accounts of the debtor, including those that will be opened by the debtor after being issued by the State Executive of the Order of Arrest of the Property ";
(3) Article 62 is supplemented by a part of the twelfth such content:
" 12. The costs associated with the organization and the conduct of the public trading, auctions or the implementation of the debtor's property on commissions should not exceed five percent of the cost of property implementation ";
(4) Article 66 is supplemented by part of the fourth such content:
" 4. In the event of an appeal on the property of the debtor-the legal person the costs associated with the organization and the conduct of the public trades should not exceed five percent of the cost of the implementation of the property. "
6. In The Law of Ukraine "On renewal of the debtor's solvency or recognition of his bankrupt" in edition Law of Ukraine of 22 December 2011 No. 4212-VI (Information of the Verkhovna Rada of Ukraine, 2012, No. 32-33, art. 413):
1) part of Article 16 exclude;
2) fourth article 30 exclude;
3) fourth article 80 exclude;
4) the third part of the first article 94 After the word "consent", supplement the words "all secured creditors as well as";
5) in section X "Final and Transitional Provisions" :
supplementing paragraph 1 - 1 such content:
" 1 - 1 The provisions of the Act are applied by the economic courts during the review of bankruptcy proceedings, the proceedings under which the Act is taken into force.
The provisions of the Act regulating the sale of property in bankruptcy proceedings have been applied by the economic courts during the review of bankruptcy proceedings, which are entrusted to the Act.
The provisions of this Act governing the liquidation procedure are applied by the economic courts during the review of bankruptcy proceedings, which have been entrusted to the Act if at the time the master's office is taken into force. The court did not adopt a decision to recognize the debtor of bankruptcy and the opening of the liquidation procedure ";
Paragraph 13, paragraph 13, paragraph 13 exclude.
1. This Act will take effect from the day, next in the day of its publication, apart from Section I, paragraph 6 This Act which takes effect at the same time Law of Ukraine "On Amendments to the Law of Ukraine" On renewal of the debtor's solvency or recognition of its bankrupt " December 22, 2011 No. 4212-VI.
2. The Cabinet of Ministers of Ukraine for three months from the day of entry into force:
To bring their legal and legal acts into compliance with the Act;
Provide a revision and enforcement of the ministries and other central executive bodies of their normative acts in compliance with the Act.
