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| LAW OF UKRAINE |
{The law has lost validity on the basis of the Code No. 2597-VIII from 18.10.2018 , BBB, 2019, No. 19, pp. 74}
On Amendments to the Law of Ukraine "On renewal of the debtor's solvency or recognition of its bankrupt"
(Information of the Verkhovna Rada of Ukraine (VR), 2012, No. 32-33, pp. 413)
{With changes under the Laws
No. 222-VIII of 02.03.2015 , BBR, 2015, No. 23, pp. 158
No. 1404-VIII of 02.06.2016 , BBB, 2016, No. 30, pp. 542}
The Verkhovna Rada of Ukraine:
Make changes to The Law of Ukraine "On renewal of the debtor's solvency or recognition of its bankrupt" (Information of the Verkhovna Rada of Ukraine, 1999, No. 42-43, pp. 378 with the following changes), putting it in this edition:
About the recovery of the debtor's solvency or recognition of his bankruptcy
This Act establishes the terms and procedures for the restoration of the debtor's solvency or recognition of its bankrupt and the application of liquidation procedure to complete or partial satisfaction with creditors ' requirements.
1. For the purposes of this Act, the terms are used in this way:
An arbitration control is a physical person appointed by the host court in a set of order in the bankruptcy case as a property of a property, a managing santion or a liquidator from a number of persons who received the appropriate certificate and made to the Single Registry. -Arbitary controls (of the property of property, management of sanation, liquidators) of Ukraine;
The bankruptcy is recognized by the economic court the failure of the debtor to renew its solvency by means of santation and peace agreement and to repay the order established by this Act, the monetary requirements of creditors are not otherwise as The application of the liquidation procedure;
The debtor is a subject of entrepreneurial activity (legal entity or physical entity), unable to perform within three months of their monetary obligations after the established line of their execution, which is confirmed by the court decision The Law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of A physical person is a debtor only with the obligations that have arisen in their connection with the implementation of entrepreneurial activity. The debtor cannot be separated by the structural units of the legal person (branch, representation, department, etc.);
The monetary obligation is the obligation of the debtor to pay the creditor a certain monetary amount in accordance with the civil law of law (treaty) and on other grounds stipulated by the legislation of Ukraine. The monetary obligations relate to the obligation to pay taxes, fees (obligatory payments), insurance contributions to the general public pension and other social insurance; obligations arising from the failure of taxes. Fulfillment of the obligations of storage, suborder, hire, rents, etc., and which should be expressed in cash. The borrowers, including obligations to pay taxes, fees (compulsory payments), insurance contributions to the general public pension and other social insurance, are not included in the indecent (penalty, pena), etc. other financial sanctions determined on the date of submission of the statement to the host court, and the obligations arising due to the harm to the life and health of the citizens, the obligation to pay the authorship of the reward, the commitment to the founders (participants) of the debtor-a legal entity that emerged from such participation. The composition and size of the monetary obligations, including the size of the debt for the goods delivered, performed by the work and provided services, the amount of loans given to the interest required to pay the debtor is determined on the day of submission to the host court. Allegations of bankruptcy violations, unless otherwise established by the Act;
The interests of a debtor are a legal entity created by a debtor, a legal entity that exercises control over a debtor, a legal entity controlling a debtor, a legal entity with which a debtor is under the control of a third party. persons, owners (participants, shareholders) of the debtor, head of the debtor, the owner of the debtor, the chief accountant (accountant) of the debtor, including released from work three years before the failure of the proceedings. bankruptcy, as well as individuals who are in family relations with noted individuals and An entrepreneur (a physical person) is a debtor, namely: the couple and their children, parents, brothers, sisters, grandchildren, as well as other persons with whom there are substantiated reasons to consider themselves to be involved; for the purposes of this Act, are well-informed about The arbitration manager (the debtor of the property, control of the santion, the liquidator), or the creditors of the person in the same list as the borrowers of the debtor;
Significant legal matters (treaties) concerning the order of the debtor, whose balance value is above one per cent the balance of the debtor's assets per day of making the law (the treaty);
The lender is a legal or physical person, as well as the state tax authorities and other public authorities who have confirmed in the prescribed document order requirements for monetary obligations to the debtor; competitive creditor loans. to the debtors, who have arisen in breach of bankruptcy proceedings and the execution of which are not provided by the debtor's estate; the current creditors are the creditors of the debtor who had arisen after the breach in the case of bankruptcy; secured creditors-creditors whose requirements are secured by the debt (to be the master of the lieutenant)
Non-profit-failure-the failure of the subject of business activities to execute upon the foundation of the established monetary obligation before creditors otherwise, as due to the resumption of its solvency;
Official disclosure-publication of information about the bankruptcy proceedings on the official website of the High Court of Justice of Ukraine on the Internet;
The repayment requirements of creditors are satisfied with the requirements of creditors, the requirements for which to achieve the termination consent, including the replacement of the obligation or termination of a commitment in another way, as well as other requirements under this Act Extinguished;
Rule of law (treaties) concerning which there is an interest-legal (treaties) whose sides are the interests of the person from the debtor, the arbiter of the property (the debtor of the property, the control of the debtor, the liquidator), or the creditors;
A spokesman for a debtor, a person authorized by the general assembly (conference), on which there are no less than two-thirds of the staff of the debtor's staff, or the corresponding decision of the primary labor union organization (and the Having several primary organizations-their joint decision) to represent their interests during the failure of the bankruptcy proceedings with the right to vote;
The parties in the bankruptcy case-competitive creditors (representative of the creditors committee), debtor (bankrupt);
The authorized entity of the founders (participants, shareholders) of the entity's entity-a debtor-a person authorized by the general assembly of participants (shareholders) owning more than half of the statutory capital of the debtor, to represent their members. The interests in the bankruptcy proceedings with the right to vote;
participants in the bankruptcy proceedings-the parties, secured creditors, an arbitration control (solvent property, control sanation, liquidator), property owner (authority authorized by the master ' s office), the bankruptcy office, the Fund for Bankruptcy, State property of Ukraine, representative of the local government, representative of borrowers, authorized the member of the founders (participants, shareholders) of the subject of business activities-the debtor, and in cases provided by the Law, other persons involved in the failure of bankruptcy proceedings.
Article 2. Legislation regulating bankruptcy proceedings
1. The bankruptcy proceedings are regulated by this Act, The economic procedural code of Ukraine Other legislative acts of Ukraine.
2. This Act has priority before other legislative acts of Ukraine in regulating relations related to the bankruptcy of business entities, except for cases provided by the Act.
3. The legislation on the restoration of the debtor's solvency or recognition of his bankruptcy when considering the court of recognition of the non-payment (bankruptcy) of the bank applies to the rules of legislation on banks and banking.
The failure in the recognition of emitent mortgage bonds insolvent (bankrupt) is carried out in the order stipulated by this Act, subject to regulations. The Law of Ukraine "On Mortgage bonds" .
4. The bankruptcy proceedings of individual categories of entrepreneurial activities are regulated to account for the features provided by this Act.
5. The provisions of this Act do not apply to legal entities-executed enterprises.
6. The Office of the Bankruptcy of Entrepreneurial Activities, which carried out activities related to the state secrecy, is governed by the characteristics stipulated by the State secrecy legislation.
7. The bankruptcy proceedings involving the non-resident loans are regulated by this Act, unless otherwise provided by international treaties of Ukraine, the consent of which is provided by the Verkhovna Rada of Ukraine.
8. The order of execution in Ukraine of the courts of foreign powers in cases of bankruptcy is determined by international treaties of Ukraine, the consent of which was provided by the Verkhovna Rada of Ukraine.
In the absence of international treaties of Ukraine, the decision of the foreign states in cases of bankruptcy is recognized in the territory of Ukraine mutually, unless otherwise provided by the law.
Article 3. State Authority on Bankruptcy
1. The State agency for bankruptcy:
contribute to the establishment of organizational, economic, other conditions necessary to implement the restoration procedures of the debtor's solvency or recognition of its bankruptcy, including the procedures for the bankruptcy of state enterprises and businesses, in statutory capital Which share of state ownership exceeds fifty per cent;
Organizes the system of training, retraining and improving the qualifications of arbitration managers (property ordinators, management of sanation, liquidators);
sets the requirements for obtaining a certificate for the right to implement the activities of an arbitration manager (property of property, control santion, liquidator);
Forms the Single Register of Arbitary Governing (s-Order of the mine, the control of the sanal, the liquidators) of Ukraine;
Carrying out the Single Registry of Businesses, which enforces the bankruptcy proceedings, sets the form of representation of the arbitration control (the solvent of the property, control of the santation, liquidator) of the information needed to conduct the specified base Data;
sets the order to conduct the financial and economic state of the host entities on the presence of fictitious bankruptcy, proof of bankruptcy, hiding sustainable financial failure, illegal actions in the event of bankruptcy and Organizes such an analysis when disrupting proceedings against the bankruptcy cases of state-owned enterprises and businesses, in the statutory capital of which the proportion of state ownership exceeds fifty per cent;
Sets the typical forms of the santation and the world agreement, a list of property that is included in the bankruptcy elimination mass;
Prepares for court requests, prosecutors, or other authorized body of inferences about the presence of signs of fictitious bankruptcy, a proof of bankruptcy, concealment of sustained financial failure, illegal actions in the event of bankruptcy;
Prepares and approves the typical documents on the conduct of bankruptcy procedures, methodical recommendations;
(c) Other mandated legislation.
2. To ensure that the office of the State Authority on Bankruptcy may involve relevant organizations and specialists in order and on the conditions established by the Cabinet of Ministers of Ukraine.
Article 4. Organization of the activities of the arbitration manager (property of property, administration of sanation, liquidator)
1. Arbitration managers are subject to independent professional activities.
2. An arbitration control (a reagent of the property, controlling the santation, a liquidator) from the moment of the sentencing (Ordinance) of the purpose of its arbitral control (the order of property, control of the santation, the liquidator) to the point of termination The office is attached to the debtor.
The same person can exercise the power of an arbitration control (the debtor of the property, the control of the santion, the liquidator) at all stages of the bankruptcy proceedings in accordance with the requirements of this Act.
3. The right to exercise an arbitration manager (property of property, control santion, liquidator) is granted to the person who received the appropriate certificate in the order established by the Act, and contributions to the Single Register of Arbitration (...) (...)
Article 5. Measures to prevent debtor's bankruptcy and post-trial procedures
1. Indemnities (participants, shareholders) of the debtor, the owner of the property (authority authorized by the master) of the debtor, the central agencies of the executive branch, the organs of the Autonomous Republic of Crimea, the local self-government bodies within their powers are required Take steps to prevent bankruptcy.
2. In the case of signs of bankruptcy, the debtor's supervisor is obliged to send the founders (members, shareholders) of the debtor, the owner of the property (an authority authorized to manage the jersey) of the debtor of information on the presence of signs of bankruptcy.
3. Zedsmen (participants, shareholders) of a debtor, property owner (a body authorized by the master) of the debtor, the debtor 's creditors, others within measures to prevent the debtor' s bankruptcy can be provided with financial assistance to the amount sufficient to repay the monetary obligations of the debtor before the creditors, including the obligations to pay taxes and fees (mandatory payments), insurance contributions to the general public pension and other social insurance and The recovery of the debtor's solvency (debtor's santation to the breach In bankruptcy proceedings).
4. In the case of providing a debtor of financial assistance, he takes the appropriate obligations to individuals who have provided such assistance, in the order established by the law.
5. Santion of the debtor prior to breach of bankruptcy proceedings-a system of measures to recover the debtor's solvency, which may be the founder (participant, shareholder) of a debtor, owner of the property (authority authorized to manage the master) of the debtor, the lender The debtor, other persons in order to prevent bankruptcy by using organisational, managerial, investment, technical, financial, and financial, legal measures, in accordance with the legislation to violate the proceedings Bankruptcy.
6. Santion of state enterprises to breach bankruptcy proceedings will fall through the funds of the State Budget of Ukraine, state enterprises and other funding sources. The amount of funds to conduct the santation of state enterprises through the funds of the State Budget of Ukraine every year is set by the law on the State Budget of Ukraine.
Conditions and procedures for the provision of the santation of state enterprises to the breach of bankruptcy proceedings by other sources of funding agree with the subject of administration of state ownership facilities in the order established by the Cabinet of Ministers of Ukraine.
There is no need for bankruptcy to breach bankruptcy proceedings under the Act.
Article 6. Debating the debtor until the breach in bankruptcy proceedings
1. Initiate the debtor's santion procedure prior to breach of bankruptcy proceedings have the right to a debtor or a creditor.
The agreement between the debtor and creditor (creditors) of the debtor's loan to breach of bankruptcy proceedings can be achieved both before and after the debtor's debt.
The debt of a debtor to the violation of bankruptcy proceedings may be envisaged in a law (treaty), on the basis of which the debtor's obligation was made.
2. The debtor's disposal procedure for bankruptcy proceedings may be imposed on the presence of:
The appropriate written consent of the owner of the property (authority to be authorized to manage the master) of the debtor;
the appropriate written consent of creditors, the total sum of the requirements exceeding fifty per cent of the creditor debt according to the accounts of his accounting;
a plan of santation that should be written by all provided creditors and approved by the general assembly of borrowers.
3. The plan of debating the debtor prior to violations of the bankruptcy proceedings may contain the conditions envisaged in parts of the first and second Article 29 and part of the fourth article 79 of this Act.
The terms of the sanation plan to meet the requirements of creditors who did not participate in the vote or vote against the approval of the debtor ' s plan should be less than the conditions to meet the requirements of creditors who voted to approve the sanal plan.
A loan plan can predict the division of creditors who participate in the santation, per category depending on the type of requirements and the availability (absence) of the requirements of such creditors. The terms of the santation plan may be of different order of satisfaction of requirements for creditors of different categories.
The terms of the santation plan, as well as the moratorium on the satisfaction of creditors ' requirements, are subject to the requirements of all creditors, which have arisen to approve the debtor's plan for bankruptcy proceedings.
The santation plan may predict the appointment of a managing santation. The purpose of the assignment, the power of control of the santation is determined in terms of santation.
4. General meeting of creditors is convened by a debtor through a written message of all creditors according to the debtor account.
The debtor must place the announcement of holding a general meeting of creditors on the website of the State Agency for Bankruptcy and the Supreme Court of Ukraine.
The order of the meeting of creditors is determined by the Order of the Order to Conduct Bankruptcy in the case of bankruptcy proceedings.
5. The debtor or representative of the creditors, authorized by the general creditors of creditors, for five days of approval by creditors of the debtor's plan for bankruptcy proceedings before the bankruptcy proceedings must apply to the host court. The whereabouts of the debtor are due to their approval.
The statement of approving such a plan of santation shall be added:
Protocol of the General Assembly of the creditors, on which the decision to approve the plan of santation;
List of creditors with naming their naming, postal address, identification code (numbers) and the amount of debt;
the written denial of creditors who did not participate in the vote or voted against the approval of the sanal plan, for their presence.
According to the statement of approval of the debtor's plan to breach the failure of the bankruptcy proceedings, the judicial gathering is handled.
6. For five days from the day of receipt of the statement of approval of the debtor's office before the bankruptcy violation proceedings, the Office of the Office of the Office of the State of the Republic of Ukraine issued a statement on the adoption of the statement on the adoption of the plan for the session to be approved, Time and place of the trial. A copy is sent to the debtor and to all the creditors, indicated in a statement.
She asked about the adoption of a statement on the approval of the debtor's plan until a violation of the bankruptcy proceedings against the appeal.
7. The report of the adoption of a statement on the approval of the debtor's plan for bankruptcy proceedings in the bankruptcy case is published on the official website of the Supreme Court of Ukraine on the Internet. The message must contain the naming of the debtor and its identification code, the number of the case, the naming of the host court, and the date of the first trial in the case.
8. The Court of Justice should consider the declaration of approval of the debtor's plan to breach the bankruptcy proceedings for one month from the day of the adoption of the relevant statement before consideration.
The Master Court is obliged to hear each present at the creditor meeting, which has objections to the plan of santation, even if at the meeting of the general assembly of creditors such a lender voted to approve the santation plan.
The Office of the Court of the Court of Justice issued a refusal to approve a plan to bring the debtor into breach of bankruptcy proceedings, if:
With the approval of the santation plan, the violations of the legislation that affected the outcome of the vote of the general assembly of creditors were allowed;
The lender who did not vote or vote against the approval plan would prove that in the event of liquidation of the debtor in the order defined by this Act, its requirements would be satisfied that the size of the requirements would be satisfied Under the terms of the santation plan;
There is no written agreement for the santation plan with all provided creditors;
The debtor was given a lack of credit for the lender's debt.
In other cases, the Court of Appeal makes a decision to approve the debt plan for bankruptcy and introduce a moratorium on the satisfaction of creditors ' requirements. The moratorium is extended to the requirements of creditors that have arisen before the plan was approved.
The sentencing of refusing to approve the debtor's bankruptcy plan to breach the bankruptcy case is not an obstacle to the reapproval of such a plan to sanate the overall creditors by the creditors in accordance with the requirements of the current legislation and A debtor's appeal to the court with a statement of his approval.
9. The breach of the debtor's application to breach of bankruptcy proceedings cannot exceed 12 months of the day's approval of the corresponding santation plan.
During this procedure, the debtor's bankruptcy case cannot be violated by its statement or by a statement from anyone from creditors.
During the bankruptcy procedure, a moratorium on the cause of bankruptcy proceedings is a moratorium on the satisfaction of creditors ' requirements.
10. The regulation on the order of santation to the breach of bankruptcy proceedings is approved by the High Court of Justice of Ukraine.
Article 7. Court procedures applied to the debtor
1. According to this Act, the debtor shall apply for the following procedures for bankruptcy:
The elimination of bankruptcy.
2. The debt of the debtor or the liquidation of the bankruptcy is carried out with the requirements of the law to protect economic competition.
3. Depending on the category of debtor, the type of debtor's activities and the presence of his household court applies a general, special, or simplified procedure for bankruptcy proceedings.
The general order provides for the application of an executive order with the subsequent transition to santation, elimination, or peace agreement.
The special order involves the involvement of participating in the case of additional participants, continuation of the lines of sanation, a convergence of the instructions of the mine and the santation.
The simplification order is applied during the liquidation of the bankrupt, without applying the procedures for the master and santation procedures.
4. The debtor's bankruptcy procedure is considered to be a person who does not have unsettled monetary obligations.
Article 8. Appeal of court decisions in the bankruptcy procedure
1. The Government of the Court of Justice issued a bankruptcy proceedings, petitions, petitions and complaints, and the ruling on the recognition of the debtor of bankruptcy and the opening of the liquidation procedure may be contested in order, installed The economic procedural code of Ukraine , subject to the features provided by this Act.
2. The appeal may be challenged by the ruling of the bankruptcy recognition and the opening of the liquidation procedure, and all the local hosts have been enacted in the bankruptcy case, aside from the cases foreseen. The economic procedural code of Ukraine and that Act.
3. The appeal may be contested by the ruling of the Court of Appeal, adopted by the revision of cases of such court decisions, and have been informed about the violations of the bankruptcy proceedings, have been informed of the recognition of invalid offenders (treaties) The debtors, who were after the results of the monetary requirements of the creditors, took over the exemption (removal, cessation of authority) of the arbitration authority, who were aware of the transition to the next court procedure, for the approval of the santation plan, Discontinuation of bankruptcy proceedings, as well as regulations The debtor is bankrupt and the opening of the liquidation procedure.
4. Leave and decree on the recognition of a debtor in bankruptcy and the opening of the liquidation procedure passed by the House of Justice in the Bankruptcy Case, has been recruited by the legitimate force since their adoption, unless otherwise provided by the Act.
Chapter II
BANKRUPTCY PROCEEDINGS
Article 9. Review of bankruptcy proceedings
1. Help about the bankruptcy of legal entities and individuals-entrepreneurs are treated by the host court by rules foreseen The economic procedural code of Ukraine , given the features defined by this Act.
Article 10. Perjury, subjuality, reason for breach of bankruptcy proceedings
1. The bankruptcy cases are about bankruptcy and are considered by the local debtor-the legal person or residence of an entrepreneur.
2. The right to appeal to a host court with a statement of bankruptcy proceedings have a debtor, a creditor.
3. The bankruptcy case is disrupted by the economic court, if the undisputed requirements of the creditor (creditors) to the debtor are collectively at least three hundred minimum wage rates, which were not satisfied with the debtor for three months after installed to extinguish them, if the other is not provided by the Act.
The undisputed requirements of the creditors are the monetary requirements of creditors, confirmed by the court decision that had set up the legal strength, and the ruling on the opening of the executive proceedings, according to which legislation is made up of funds from the accounts. A debtor. These requirements, including the payment of taxes, fees (compulsory payments), are not included in the indecent (penalty, penny) and other financial sanctions.
4. The Court, in which the case of bankruptcy proceedings, decides all the major disputes with the requirements of the debtor, including the dispute about the recognition of the invalid any offenders (treaties) held by the debtor; on the payment of taxes, fees (compulsory taxes). (a) Payment of salaries; renewal of the work of the debtor's officials and officials, and the recognition of the non-real decisions of the state bodies associated with the master requirements of the debtor.
5. If the case is not subject to a given host court, cases of the case are sent by the host court in order to be determined by the The economic procedural code of Ukraine .
Article 11. Allegations of bankruptcy violations
1. A breach of bankruptcy proceedings is filed by a debtor or creditor in writing and must contain:
The naming of the host court, to which the statement is filed;
the name or naming of the debtor, its location or place of residence, the identification code of the legal person and the registration number of the taxpayer ' s account (if available);
the name or naming of the creditor, its location or place of residence, the identification code of the legal person and the registration number of the taxpayer ' s account (if available);
The institution of circumstances, which is the basis for the appeal to the court;
a list of documents that are added to the statement.
2. Prior to allegations of violations, the bankruptcy case is added:
Extract from the Single State Register of Legal Persons and Individuals Entrepreneurs;
Evidence of the payment of a court case, except when under the law he is not subject to payment;
The trustee or other document that certify the authority of the representative if the statement is signed by a representative;
Evidence that the amount of undisputed creditor requirements (creditors) amounts to at least three hundred minimum wage sizes unless otherwise provided by the Act;
A court decision to meet the requirements of the creditor, which had gained legal strength;
Responsible for the establishment of the State Executive Committee on the opening of the executive proceedings to perform the requirements of the creditor;
evidence that the sum of the creditor requirements (creditors) is not provided by the entire debt of the debtor (for the presence of bail).
3. Prior to statement, the debtor shall also be added:
The identification of the debtor is a legal entity;
The accounting balance of the debtor at the last reporting date;
A list of borrowers whose requirements are recognized by a debtor, indicating the total amount of money requirements of all creditors, as well as each creditor-his name or naming, location or location, identification code a legal entity or registration number of a taxpayer account card (if available), the amount of money requirements (the total amount of debt, primary commitment and the amount of the failure (penalty, penny) separately), has risen Obligations, as well as a line of their execution under the law or the treaty;
A list of borrowers with the value of its balance of value and location, as well as the total balance of property;
A list of property that is in the possession or may be charged in another way, location, cost, and information about creditors, in favor of which the debtor's property is committed, their name or naming, location or place of residence, The identification codes of the legal persons or the registration number of the taxpayer ' s account card (for availability), the sum of their monetary requirements, the basis of their commitment, as well as the lines of their execution under the law or the treaty;
The help of the privatization bodies (bodies authorized to manage state property) regarding the presence or absence of the balance of the enterprise which dealt with the bankruptcy proceedings, the state property, in the process of privatization (corporatization) did not enter its statutory capital;
The list of persons with unfulfilled obligations to the debtor, with the value of the cost of such obligations, the term of execution and the basis of the occurrence;
information about all accounts of the debtor, opened in banks and other financial and credit institutions, their reps;
Information about all accounts that account for securities owned by the debtor, their requisition;
General assembly (conferences) of the debtor's workers, the corresponding decision of the primary union organization of the debtor (with the presence of several primary organizations-their joint decision), of which the elected representative of the debtor's workers to participate in the bankruptcy case, if such fees (conference) have taken place before the filing of a debtor ' s statement before the host court;
A copy of the special permission for the failure of the state secret, and in the case of the expiration of this authorization, the reference to the debtor of material carriers of classified information (technical documentation, products, of (...) (...)
The decision of the owner of the property (an authority authorized by the master) of the debtor of the appeal to the host court, with a statement of violations of the bankruptcy proceedings;
Other documents that confirm the insolvency of the debtor.
4. The debtor will provide a statement to the host court for the presence of property sufficient to cover court costs unless otherwise provided by the Act.
5. The debtor is required to address the court proceedings with a statement of violations of the bankruptcy case in case of such circumstances:
The satisfaction of the requirements of one or more creditors will lead to the impossibility of fulfilling the monetary obligations of a debtor in its entirety before other creditors (the threat of insolvency);
During the liquidation of the debtor not in connection with the bankruptcy procedure, the debtor cannot satisfy the requirements of creditors in its entirety;
in other cases stipulated by this Act.
6. Loan of the creditor, except the information provided by the first article of this article, should contain information about the size of the creditor's requirements to the debtor, with a separate size of the non-rack (penalty, penny) that is subject to payment.
7. Prior to the statement, the creditor shall also be added:
Copy of the executive document;
Evidence to send a debtor to a copy of the statement and the documents added to it;
to the statements of the creditor-the public tax service or other bodies that exercise control over the correctness and timeliness of the tax and fees (mandatory payments), insurance contributions to the general public pension and other social security, adding evidence to take action to obtain appropriate debt in the established law.
8. The loan of a creditor may be based on the combined debt owed to the debtor by the aggregate of its various obligations to this creditor.
Creditors have the right to combine their demands to the debtor and will address the court with one joint statement. Such a statement is signed by all creditors who combined their demands to the debtor.
9. To submit a statement on the violation of the bankruptcy case, a judicial gathering is dealt with in the order stipulated by the law.
Article 12. Adoption of allegations of bankruptcy proceedings
1. In the case of absence, the failure to accept or return a statement of violations of the bankruptcy proceedings accepts a statement before consideration, which is not later than five days from the day of its departure, the adoption of the following:
Date of preparatory proceedings;
Surname, name and by parent of an arbitration control system, defined by an automated system of the number of persons listed on the Single Register of Arbitary Governing (s) of the property (s) of Ukraine.
The adoption of allegations of misconduct in the bankruptcy proceedings has the right to decide on:
The obligation of the applicant, the debtor and other persons to give the court additional information necessary to address the issue of the failure of the bankruptcy proceedings;
Take measures to ensure the requirements of creditors by banning the owner of the property (an authority authorized to manage the master) of the debtor and the debtor to decide on the liquidation, the debtor's reorganization, and to alienate the basic means.
2. The Preparatory Meeting is held not later on the fourteenth day since the adoption of allegations of violations of the bankruptcy proceedings, and for important reasons (making payment of monetary obligations to creditors, etc.) Thirtieth day.
3. The application of violations of the bankruptcy proceedings is issued by the parties and the public executive service for the locality (place of residence) of the debtor, the state registrar for the locality (place of residence) of the debtor, the authority authorized to manage the state master's owner, in the statutory capital of which the share of state ownership exceeds fifty percent, the arbitration authority determined by the automated system of the number of persons listed before the Single Registry. Harbors of the United States (...) (...)
1. The debtor prior to the date of the preparatory meeting was granted to the court of court and the complainant was withheld in a statement of violations of the bankruptcy proceedings. Prior to the debtor's return, evidence of the sender of a copy will be sent to the applicant.
2. Also information provided by The economic procedural code of Ukraine , the debtor must have the following:
There is no objection to the debtor regarding the requirements of the applicant (claimants);
The total amount owed to the debtor before creditors for obligations that include payment of money, including the payment of taxes and fees (compulsory payments), out of wage payments;
Information on the available property, as well as all accounts of the debtor in the institutions of the banks and other financial and credit institutions, to account for the accounts;
information about all accounts that account for securities owned by a debtor in the stores, depositarias, withers, their requisition;
Information on the conduct of the debtor of the State secret.
evidence of the unsubstantiation of the applicant ' s requirements (for their presence).
3. The debtor may also have other information relevant to the consideration of the case.
The debtor can also be added to the debtor's debtor.
It is also added to the reference of the privatization bodies (bodies authorized to manage state property) regarding the presence or absence on the balance of the enterprise which has been entrusted to the bankruptcy proceedings, the state property, The privatization process (corporatization) did not enter into its statutory capital.
4. The absence of failure to claim bankruptcy violations does not prevent the failure of the case.
Article 14. Failure to accept allegations of bankruptcy proceedings
1. The Court of Justice not later than five days from the day of the announcement of the bankruptcy violation of the bankruptcy proceedings shall refuse it if:
The failure of debating the debtor is not permitted under the law;
The case is not subject to a given host court;
concerning a debtor-a legal person or a physical person-an entrepreneur has already breached the cause of bankruptcy;
The legal entity is terminated in accordance with the legislative order;
An entrepreneurial activity-an entrepreneur who is a debtor, terminated in accordance with the law of order;
The debtor has stated requirements that are not contested;
The creditor requirements are fully secured by the staff of the debtor;
The office of the debtor was approved by the debtor's plan to violate the bankruptcy proceedings under article 6 of this Act;
Other sub-articles of article 62 Office of the Code of Procedure of Ukraine , subject to the requirements of this Act.
2. About the rejection of the statement, a claim is issued, which is sent by the applicant along with the statement and added documents to it.
Article 15. Return, recall allegations of bankruptcy proceedings
1. The Court of Justice not later than five days from the day of accession to the Court of Justice allegations of violations of the bankruptcy proceedings return it and added to it without consideration if:
The statement is signed by a person who does not have the right to sign it or to a person whose position in a statement is not stated;
The statement does not meet the content of the requirements specified in this Act;
There is no evidence given to the payment of judicial collection in established order and size;
The applicant ' s creditor has not filed evidence of the debtor failure to fulfill its monetary obligations to creditors in the amount determined by part of the third article 10 of this Act, for three months after the opening of executive proceedings, unless otherwise Provided by this Act;
The creditor request did not provide evidence to send a debtor to a copy of the statement and the documents added to it;
Other sub-article 63 Office of the Code of Procedure of Ukraine , subject to the requirements of this Act.
2. The return of allegations of disapproval in the bankruptcy case does not prevent the remission from such a statement to the host court in the order set.
3. If the bankruptcy breach filed several statements and one return without consideration, the judge considers other allegations of misconduct in the bankruptcy case.
4. On the return of allegations of violations of the bankruptcy proceedings without consideration of the proceedings.
5. A breach of bankruptcy proceedings may be recalled by the applicant (claimants) before the trial of the preparatory meeting of the court.
In the event of a withdrawal of allegations of bankruptcy proceedings, the Court of Appeal decided to accept the decision to return the claim to the bankruptcy proceedings.
In the event of the withdrawal of allegations of bankruptcy proceedings after the sentencing, it was agreed that it would be decided to hold a meeting of the Court of Appeal for a court decision to leave the statement without consideration.
The Court of Justice has the right to not accept the withdrawal of allegations of bankruptcy proceedings, if it violates anyone's rights or protected by the law of the interests or if another statement was received before the host court (s) of the creditor (creditors) Breach of the bankruptcy case.
Borrower has no right to withdraw the claim of misdemeanor proceedings, in accordance with the requirements of the Fifth Article 11 of this Act.
Article 16. Breach of bankruptcy proceedings
1. Checking the validity of the applicant's requirements, as well as finding the grounds for breach of bankruptcy proceedings, are carried out by the host court in the preparatory meeting, which is held in the order stipulated by the Act.
Failure to prepare a meeting of the parties and the representative of the State Department for Bankruptcy, as well as the lack of a debtor's failure to obstruct the meeting.
2. In the preparatory session, the Court of Justice considers the submitted documents, hears the explanations of the parties, evaluates the validity of the debtor's objections, and decides on other issues related to the proceedings.
3. If the case is violated by the creditor's statement, the Magistrates Court checks the validity of its requirements, their inconsistency, to take action against these requirements in the order of executive proceedings.
In the case of an appeal to the host court, the debtor issued a statement on the bankruptcy breach in preparatory session to find signs of the debtor's insolvency or threat.
4. In case of the establishment of the Preparatory Committee, several statements and the failure of the bankruptcy proceedings have been entrusted to one another, the other of the courts of the court will be attached to the materials of the case and are treated at the same time.
In the event of recognition of the applicant's requirements, the unwarranted host court estimates the validity of the requirements of the other statements by creditor attached to the case, and decides on the issue of bankruptcy proceedings in the order stipulated by this report. That's right.
5. To determine the financial situation of the debtor in the preparatory meeting of the court or under consideration the bankruptcy proceedings may appoint a judicial examination according to the requirements of the Law of Ukraine "On Judicial Examination" .
6. In the aftermath of the review of allegations of bankruptcy proceedings and the debtor of the debtor, the Court of Arbitration of the State of the Republic of the Republic of the Republic of the Republic of Ukraine,
Breach of bankruptcy proceedings;
Failure to breach bankruptcy proceedings.
7. The Court refuses to breach a bankruptcy proceedings if:
The applicant has not been proven to be subjected to the failure of bankruptcy proceedings;
The creditor's requirements are fully secured by the master of the debtor;
The creditor's requirements testify to the presence of a dispute about the right to be resolved in the order of action;
Creditor requirements (creditors) are satisfied with the debtor in its entirety before the preparatory meeting of the court;
There is no need at least one of the grounds stipulated as part of the third article 10 of this Act;
For the presence of a lift provided by Article 15 of this Act.
8. The refusal to open the bankruptcy case does not prevent the remission from reclaiming the bankruptcy proceedings for the grounds established by the Act.
9. In the decision on the failure of the bankruptcy proceedings, the bankruptcy shall be noted as follows:
Breach of bankruptcy proceedings;
Recognition of creditor requirements and size;
Introducing a moratorium on the satisfaction of creditors ' requirements;
The introduction of an order for the master;
The appointment of the orderly property, setting the size of the payment of its services and the source of its payment;
take measures to ensure the requirements of creditors by banning the debtor and owner of the property (body authorized to manage the master) of the debtor to make decisions regarding the liquidation, the debtor's reorganization, and to alienate the main means and items Bail;
The order of submission of the property of the property to the office of the Office of the Court of Justice concerning the results of creditors, which cannot exceed the month and twenty days after the submission of a preparatory trial;
The date of the embezzlement of the property of the creditor of the creditors and the submission of the registry to the host court, which may not be later than the month and twenty days after the submission of a preparatory trial;
The date of the pre-trial trial, which shall be held not later than two months and ten days, and in the case of a large number of creditors-not later than three months after the date of preparatory proceedings;
The deadline for the property of the property of the debtor, which cannot exceed two months, but in the event of a significant amount of property-three months after the date of preparatory proceedings for the trial.
10. In order to identify all creditors and persons who have found a desire to participate in the debtor's office, the official publication of the announcement of the bankruptcy breach on the official website of the official website of Ukraine's High Court Internet.
Such an announcement should contain the full name of the debtor, its postal address, bank reps, naming and address of the host court, the number of the case, the property information of the property debtor, the limit lines of the filing of competitive creditors with requirements. to the debtor.
11. The Court of Justice in the Act of Breach Of Bankruptcy Proceedings may be required by the debtor to conduct an audit. If the debtor does not have the funds, the court may appoint a creditor (creditors) with the consent of the latter (the latter).
The lack of an audit opinion does not prevent the failure of bankruptcy proceedings.
12. If a statement from a debtor on bankruptcy violations or the debtor's case contains information on the failure of the state secret, the court will issue and send to the parties and the State Office for bankruptcy of the adoption. For the purposes of the postponing of the preparatory proceedings for the time required for the clearance of the State secrecy of the arbitration administration. Such lines cannot exceed thirty days.
In the case of failure to address the state secret of the prescribed arbitration administration, the Court appoints a new arbitration rule in the order established by the Act.
13. The failure of bankruptcy proceedings has been recruited by a legitimate force since its sentencing.
14. The conduct procedure is administered by a host court on the lines issued by part of the second article 22 of this Act, and the publication of the proceedings against the failure of the bankruptcy proceedings have been issued.
15. Since the breach of bankruptcy proceedings:
The following contests and their creditors of the requirements of a debtor and their satisfaction can only occur in the manner prescribed by the Act, and within the proceedings of the bankruptcy proceedings;
The current creditors of the requirements of the debtor and their satisfaction can occur in the case and order provided by the Act;
The arrest of the debtor's property or other restraints of the debtor against the possession of a proper master may be applied solely to the master's court within the proceedings of the bankruptcy proceedings;
The corporate rights of the founders (participants, shareholders) of the debtor are implemented to account for the restrictions established by the Act;
The satisfaction of the requirements of the founder (participant) of the debtor-the legal person on the allocation of the stake in the master of the debtor in connection with the departure of its participants is prohibited;
the decision on the reorganization or liquidation of a legal entity is taken in the order defined by this Act.
16. The failure of bankruptcy proceedings not later than three days from the day of its sentencing is sent to a debtor, a creditor (creditors) and other persons involved or should take part in the case (property owner, organ, etc.). Authorized to manage the master of the debtor, etc.), the State Tax Service Authority, the local general court, the State Executive Office for the location (place of residence) of the debtor.
In the event of measures to ensure the requirements of creditors of the copy, the copies are also sent to the agencies that carry out the bonds of fixed and moving property (the state registration authorities, state notary contorates, state government bodies). Automotive inspection by location (place) of the debtor, etc., the institutions of banks serving the accounts of the debtor, independent registrars, persons who conduct securities belonging to the debtor (the custodian, the depositary, He is also a member of the Government of the United States of America.
Article 17. Review the call requirements of competitive creditor requirements
1. In case of a debtor on which the bankruptcy case is filed, a lawsuit based on the monetary obligations of the debtor arising prior to the bankruptcy breach, the courts have in the established process. By the law of order to take such outside statements and to address the dispute over this requirement in accordance with the rules of misconduct before the official disclosure of the declaration of breach of the bankruptcy proceedings.
2. On the official disclosure of the declaration on the bankruptcy proceedings, the property is reported by the court, which is considering outside the requirements of the competitive creditors to the debtor. This court (courts), after the official publication of the relevant announcement, should stop the prosecution and dissolve the content of part four of Article 23 of this Act, noting that it is in the decision or in the minutes of the trial.
3. If the plaintiff has not addressed a thirty-day line from the official day of the official announcement of the bankruptcy breach, with a statement on the recognition of his monetary claims to the debtor in the bankruptcy case, a court examining the issued statement, after The end of the thirty-day period since the official release, resumes the failure of the proceedings and rejects the satisfaction of the lawsuit.
4. In the case of a plaintiff with a statement on the recognition of its monetary requirements to the debtor in the bankruptcy case, after the sentencing of the host court, the outcome of these requirements should be terminated on the basis of paragraph 2 of the first article 80 Office of the Code of Procedure of Ukraine .
5. If the bankruptcy proceedings refused or fail in the bankruptcy case, the failure is subject to renewal and the lawsuit is still being considered.
6. The provisions of the first-fourth of this article do not apply to the requirements of creditors who do not extend the action of the moratorium on the satisfaction of creditors ' requirements.
Article 18. Providing creditors ' requirements
1. The Court of Justice shall have the right to petition parties or participate in bankruptcy proceedings or by their initiative to take measures to ensure the requirements of creditors.
The Court of Appeal, at the discretion of the debtor of property, creditors, or of its own initiative, may prohibit the debtor from teaching without the consent of the arbitration control (the debtor of the property), and also the debtor to transfer securities, property, other valuations on the possession of third persons, to commit or to refrain from committing certain actions or to take other measures to preserve the property of the debtor (including by deprive a debtor of the right to dispose of his real estate without consent) Property of the property or court, which examines the case of bankruptcy; imposing arrest on a specific moving property of the debtor), about which to be worn out.
2. In the procedure of the possession of a filed officer, parties or other participants in the bankruptcy proceedings, containing confirmed information on the obstruction of the debtor of the debtor of the property of the property, as well as the Committing a head of a debtor of actions that violate the rights and legal interests of a debtor or creditor, the court has the right to dismiss the head of the debtor from office and to put his duties on the property of the property. The decision to remove the head of the debtor from the office of the State Court.
3. Steps to ensure the requirements of the creditors act according to the day of the introduction of the sanation procedure and the appointment of a controlling santation or prior to the decision of the debtor bankruptcy, the opening of the liquidation procedure and the purpose of the liquidator, or to the end of the proceedings.
The Court of Justice has the right to cancel or change measures to ensure the requirements of creditors prior to the amicable circumstances.
Article 19. Moratorium on the satisfaction of creditors ' requirements
1. Moratorium on the satisfaction of creditors ' requirements-stopping the debtor of monetary obligations and obligations to pay taxes and fees (mandatory payments), the term of which came before the day of the introduction of the moratorium, and termination of measures, to ensure the fulfillment of these obligations and obligations on the payment of taxes and fees (compulsory payments) applied to the day of introduction of the moratorium.
2. The moratorium on the satisfaction of creditors ' requirements is concurrently in violation of bankruptcy proceedings, which is noted in the decision of the host court. She was able to stop acting. On the introduction of the Moratorium, the property is informed by the public executive service (residence) of the debtor and the finding of his property.
3. During the action of the moratorium on the satisfaction of creditors ' requirements:
" Prohibition of the charge on the basis of executive and other documents containing general requirements, including on the subject of collateral, by which the charge is carried in the court or in the court order according to the legislation, except in the cases of stay Executive-failure during the distribution stage of the cash debt (including the sale of the debtor's property), the stay of the property in the sales stage since the sale of the sale information, and in the case of appeal Forced property and decision-making in non-mayone disputes;
Prohibits the execution of the requirements on which the moratorium is spreading;
Non-persistent (penalty, penalty) do not apply to other financial penalties for non-compliance or non-compliance with the satisfaction of all the requirements on which the moratorium is extended;
A period of time was stopped at the time of the moratorium;
does not apply an inflation index for the entire duration of the payment of the cash obligation, three per cent of the annual sum, and so on.
4. The moratorium on the satisfaction of creditors 'requirements applies to the creditors' requirements for damages arising from the debtor's refusal to execute the offenders (treaties) in the procedure of the santation procedure, in the order stipulated by this Act.
5. The action of a moratorium on the satisfaction of creditors does not extend to the requirements of current creditors; on payment of wages and for these amounts of insurance contributions to public pension and other social insurance; reimbursement; The health and life of the citizens; for the payment of the reward, the alimony, and the requirements for the executive documents of the non-maynew character, which require the debtor to commit certain actions or to refrain from their actions.
The moratorium does not apply to the satisfaction of creditors ' requirements in the case of simultaneous satisfaction with the requirements of creditors in accordance with the plan of sanation or liquidator in the liquidation procedure in order of order, The Act is established.
The payment of money for the requirements of creditors on obligations which does not extend to the action of the Moratorium is to be made from borrowers at the bank's institution. Control of such lesions is carried out by an arbitration control (property-control, control santion, liquidator).
The appeal of the debtor's property on the requirements of the moratorium on which the moratorium is not extended, is carried out solely by the court court, in which the debtor of the debtor is on the right.
6. During the procedure the master of the debtor is allowed to satisfy only those creditor requirements, which according to part 5 of this article does not extend to the action of the Moratorium.
The satisfaction of the secured requirements of creditors by property of the debtor, which is the subject of the provision, is permitted only within the failure of the bankruptcy proceedings.
7. The action of the moratorium will cease from the day of the termination of bankruptcy proceedings.
8. The legal consequences of the moratorium on the satisfaction of creditors ' requirements do not apply if the proceedings were suspended based on paragraph 11 of the first article 83 of this Act.
9. Activation of the debtor, who is in the tax bail, may be freed by the host court on a tax bail, which was issued to a court trial involving the State Tax Service Authority.
Article 20. Recognition of invalid legal rights (treaties) and refutation of the borrowers ' actions
1. The rights (treaties) or master of the debtor who have been committed by a debtor following a bankruptcy violation or within one year preceding a bankruptcy violation may be deemed invalid or refuted. In the federal bankruptcy proceedings against the establishment of a bankruptcy proceedings against the following:
The debtor unpaid the alienation of the property, accepted the obligation without the proper actions of the other party, and refused to do so;
The debtor had fulfilled the master's obligations of the previously established row;
The debtor prior to the bankruptcy violation took on a commitment, resulting in a non-payment or execution of his monetary obligations to other creditors entirely or partially impossible;
The debtor made the alienation or acquired the property at prices according to the lower or higher of the market, provided that at the time of the acceptance of the obligation or due to its execution the property of the debtor was not sufficient to meet the requirements of creditors;
The debtor paid the creditor or accepted the property to the expense of the cash requirements of the day, when the sum of the creditor requirements exceeded the value of the property;
The debtor accepted the commitment to ensure the fulfillment of the monetary requirements.
2. In the event of recognition of invalid offenders (treaties) or the rebuttal of the borrowers on the grounds stipulated by the first of this article, the lender is obliged to return to the liquidation mass of the property it received from the debtor, and in case of the impossibility of returning the property to the nature of the city is to reimburse it to the cost of money by market prices, which existed at the time of the exercise or the execution of the main action.
3. Creditor for invalid legal (treaty) or simplistic action shall have the right to choose: repayment of its debt, primarily in bankruptcy procedure, or to carry out a debtor's commitment to the proceedings after the termination of the proceedings against Bankruptcy.
4. With the results of a statement issued by the arbitration manager or the competitive creditor of recognition of invalid law (the treaty) or the rebuttal of the conduct of the debtor, the Court of Arbitration is issued.
1. In case of a creditor or replacement of a creditor in the bankruptcy case, the legal successor or other person involved in the case shall be replaced by the replacement of such a party at any stage of the failure of its successor.
2. All actions committed in the bankruptcy proceedings prior to the entry of the legal successor, mandatory for him as they were required for the person who had been replaced by the successor.
Article 22. The introduction of the debtor's order
1. Under the order, the master understands the system of measures to supervise and control the management and orders of a debtor to ensure the preservation, effective use of the aircraft's assets, conduct the analysis of its financial and the determination of the next optimal procedure (santation, world agreement or elimination) to meet in full or partially the requirements of creditors.
The property is a physical entity, which according to the court decision of the court court provides the implementation of the procedure of the master.
The purpose of the property is to be worn out.
2. The master of the debtor shall be carried out on a hundred and fifteen calendar days and may be extended by the Court of Justice for the Motivated petition of the property of the property, creditor, or debtor for no more than two months.
3. Property of the property is obligated:
Consider the statements of creditors about the monetary requirements of the debtor, which had received the Act of Order established;
To register the requirements of creditors;
Notify creditors of the results of their requirements;
Take measures to protect the property of the debtor;
analyze financial services, the investment position of the debtor and its position in the markets;
Discover (if available) signs of fictitious bankruptcy, a proof of bankruptcy, concealment of sustained financial failure, illegal actions in the event of bankruptcy;
Convene a meeting of creditors and organize them;
To provide the governmental authority on the bankruptcy of the information needed to conduct the Single Register of Enterprises on which the bankruptcy case is entrusted;
To provide the legal court and committee of creditors a report on their activities, information on the financial position of the debtor, suggestions for the possibility of renewal of the debtor's solvency;
Not later than two months from the day of the failure of the bankruptcy proceedings, together with the debtor to organize and ensure the inventory of the debtor's property and determine its value;
Participate in the development of the santation plan in cases stipulated by this Act, and for the possibility of a debtor's santation capability to develop with the debtor not later than two months from the day of the failure of the bankruptcy proceedings Submit it to the creditors ' committee;
Comply with other powers provided by this Act.
4. The office of the property is responsible for the non-execution or non-compliance of their powers in accordance with the legislation of Ukraine.
The authority of the debtor of the property is suspended from the day of termination of the bankruptcy proceedings, as well as in the event of the approval of the peace agreement, the appointment of a managing santion or liquidator unless otherwise provided by the Act.
5. After the appointment of the office of the property and to the termination of the order of the Office of the debtor, the Office of the debtor shall not have the rights without the consent of the Government of the property to decide on:
The reorganization (merger, attachment, division, allocation, transformation) and the liquidation of the debtor;
Establishment of legal persons or on participation in other legal entities;
Creation of branches and offices;
Holding the securities emission debtor;
The exit from the participant of the debtor of the legal entity, the acquisition in shareholders previously issued by the debtor.
6. The decision to participate in associations, associations, unions, holding companies, industrial and financial groups or other associations of legal entities is accepted by the debtor's management bodies at the consent of the property of the property.
7. The Lord's Court of the Order of the Property shall be repealed by the discretion of the debtor or other restrictions on the order of his property in case such arrests or restrictions prevent the debtor's economic activity and the restoration of his property. -I'm sorry.
8. The leader or organ of the debtor is solely by the consent of the property of the property to commit to the law (concluded) on:
alienation or circumstance of the debtor estate, including his transfer to the lease, bail, deposit of the assigned property to the statutory capital of another enterprise or the host society, the possession of a fixed jersey in any Other method;
Receiving and issuing loans (credits), infringement, guarantees, concessions, transfer of debt, as well as transfers in the trust management of the debtor's property;
An order in any way to the other master of the debtor, the balance-value of which is more than one percent of the balance of the debtor's assets, and the laying of other significant offenders (treaties).
9. The order of the property shall be entitled to a host to the host court, on the recognition of invalid offenders (treaties) imposed by the debtor of the order established by the Act, as well as the recognition of the invalid acts adopted by the law. (a) The procedure for changing the organizational and legal form of a debtor.
10. The debtor of the property has no right to intervene in the debtor's operational activities, except in the cases prescribed by this Act.
11. The significance of the property of the property is not the basis for the termination of the authority of the head or control of the debtor.
12. The powers of the debtor and the executive bodies of his administration, based on them under the legislation or installation, may be terminated in case they are not taken to ensure the preservation of the debtor's property, There are other violations of the actions of the property or other violations of the property.
In the event of detection by the creditors or other participants in the bankruptcy proceedings, the authority of the chief executive and executive authority of the debtor shall cease, and the execution of relevant duties Temporarily rests on the property of the property prior to the appointment of the order in accordance with the law and installation of documents, the new leader of the debtor and the executive board of the debtor.
13. From the day of sentencing, the chief of the debtor or the authority of the debtor of the debtor, or the authority of the debtor, was suspended, the authority of which the office of the chief was suspended, and required for three days to transfer the order of the property, a debtor of the property to accept the accounting and other documentation of the debtor, its seals and stamps, material and other values.
Article 23. Identifying creditors and individuals who have a desire to take part in the debtor ' s santion
1. Concourse creditors on requirements that have arisen prior to the day of violations of bankruptcy proceedings, are required to submit a written statement to the host court, as well as documents confirming, within thirty days of the day. An official announcement of the announcement of bankruptcy proceedings.
A countdown to the application of the monetary requirements of creditors to the debtor begins on the day of the official announcement of the breach of bankruptcy proceedings.
String assignments are marginal and resuming is not subject to date.
2. The Creditor, according to the statement of the breach in the case, has the right to claim additional monetary requirements to the debtor within the line set up as part of the first article.
Secured creditors are required to submit a claim to the debtor during the bankruptcy proceedings only in part of the requirements that are unsecured, or under the terms of the abandonment.
The composition and size of the monetary requirements of the creditors are defined in the national currency of Ukraine. If the debtor's obligations are defined in foreign currency, the composition and size of the monetary requirements of the creditors are determined in the national currency by the course established by the National Bank of Ukraine on the date of submission by the creditor of the debt to the debtor.
The main requirements of the creditors to the debtor must be expressed in cash units and are declared to the host court in the order established by this article.
Creditors on demand for payment of wages, copyright, alimony, and on the requirements for damages, indemnity and health of citizens, payment of insurance contributions to the public pension and other social insurance has the right for thirty days of the official publication of the declaration of bankruptcy proceedings against the bankruptcy proceedings to apply to the host court for the written statement on the debtor, and the documents that their Confirm.
Copies of the relevant statements and added credit to the creditors are sent to the debtor and the order of the property.
The naming of the host court, to which the statement is filed;
the name or naming of the debtor, its location or place of residence, the identification code of the legal person and the registration number of the taxpayer ' s account (if available);
the name or naming of the creditor, its location or place of residence, the identification code of the legal person and the registration number of the taxpayer ' s account (if available);
the size of the creditor ' s requirements to the debtor with a separate value of the amount of a non-rack (penalty, penny);
A schedule of circumstances confirming the requirements of the debtor and their rationale;
Information on the presence of a debtor property, which is the availability of requirements;
listing documents that are added to the statement.
The statements in the mandatory order include evidence of the payment of the court collection, the evidence to send copies of the statements to the debtor and the orderly property, as well as documents that confirm the monetary requirements of the debtor.
The statement is signed by the creditor or its authorized representative.
The House Court is obliged to accept a statement by the creditor filed with the requirements of this Act and Office of the Code of Procedure of Ukraine The statement of the question of the statement.
4. Persons whose demands are made after the end of the line set for their submission, or not at all, are not competitive creditors, and their requirements are repaid in the sixth queue in the liquidation procedure.
The relevant rule does not apply to creditors ' requirements on salary payments, copyright, alimony, and requirements for damages, earned lives and health of citizens, payment of insurance contributions to the public sector. State pension and other social insurance.
5. The debtor of the debtor is not later than the tenth day of the day, the next after the completion of the established part of the first article of this article, subject to the results of the creditor requirements of the debtor entirely or partially acknowledges them or rejects it. The justification for the basis of recognition or deflation, which informs the applicant and the host court, and also gives a written account of the sent to all creditors of the debtor of the results of the cash requirements and their receipt. creditors together with copies of mail and description messages embedding in mail or other documents confirming the sending of messages by the creditors.
6. The Creditor, whose requirements are recognized by a debtor or a host court, has the right to receive information from the debtor of the property regarding the requirements of other creditors, recognized by the debtor and the order of property. Such a lender can file a debtor of property, debtor and court of denial about the recognition of the requirements of other creditors.
Statements with the requirements of competitive creditors or secured creditors, including the objections of a debtor or other creditors, are considered by the court court in the previous court hearing.
As a result of the review of the stated statements, the host court acknowledges or rejects (fully or in part) the requirements of such creditors.
7. Statements by creditors on demand for salary payments, authorship rewards, alimony, and on the requirements for damages, indemnity and health of the citizens with regard to the denial of the debtor are treated according to the Act.
8. The issuers of competitive creditors, recognized by a debtor or a host court, are listed by the order of property to register the requirements of creditors.
The property is obliged to register the requirements of the creditors, which are provided by the debtor's office, according to their statements, and in their absence, according to the debtor account, and to apply separately to the Property Information Registry. The debtor, which is the subject of bail, according to the state registry of the charter.
The property holder is obliged to register the requirements for the payment of salary, reward, alimony requirements, and the requirements for damages, the living and health of the citizens, according to a statement. Creditors and/or debtor account.
Current creditor loans, which have arisen after a breach in bankruptcy proceedings, may be required following the decision to be approved by the debtor's court order for bankruptcy recognition and the opening of the liquidation procedure. In recognition of the debtor's bankruptcy, a debtor's debtor with creditors, who have current debtors ' demands, are decided by their consideration in the conduct of the court, in which the proceedings are filed against bankruptcy.
9. In order of order, the master debtor has the right to enact the host court to satisfy all the requirements of competitive creditors on the terms of their satisfaction at the same time and in its entirety according to the creditors ' registry of requirements.
10. Individuals and/or legal entities who wish to participate in a debtor's sanation (further investors) can file a filing of a property statement on the debtor's sanation and their proposals for a debtor's santation (a santation plan, etc.).
11. The probation procedure is a debtor for the participation of the debtor of the debtor's sanation plan, in accordance with the requirements of Article 29 of this Act and gives it to the creditors ' assembly.
Article 24. Check for the statement of the competitive creditor of this Act
1. The Court of Justice not later than five days from the day of the receipt of the issuance of the competitive creditor, checks its compliance with the requirements of this Act.
If the issuance of a competitive creditor is given without compliance with the requirements of Part 3 of Article 23 of this Act, the Trial Court reports that the applicant has the faults and the lines during which it is required to eliminate them.
2. If the competitive creditor removed the disadvantages of the statements in the lines set by the court, it is considered to be filed on the day of the initial submission to the court. In another case, the court will make a return statement.
3. The return of the statement from the subject stipulated by this article shall not impede the repeated appeal to the court in the same case if the infringement is eliminated within the line set by the first article 23 of this Act.
Article 25. Prior Meeting of the House Court
1. The pretrial session of the household court is held not later than two months and ten days, and in the case of a large number of creditors-not later than three months after the trial of a preparatory court. The previous court hearing is reported by the parties, as well as other members of the bankruptcy proceedings, which are recognized as such in accordance with the Act. The duty of such a message to a court may be to the discretion of the property or the debtor.
2. The previous meeting of the House Court considers all the requirements of creditors, including respect to the debtor and who were not made by the discretion of the property to register the creditors ' requirements, as well as those recognized by the debtor and the The disorderly of the property to the register of creditors ' requirements, and decides the question of its approval.
According to the results of the creditors ' requirements, the Court shall have the following statement:
the size and list of all recognized court requirements by the creditors, which are the order of creditor of the creditors ' registry of requirements;
Size and list not recognized by the creditors ' requirements;
The date of the meeting of the creditors and the creditor committee;
The date of the outcome of the court hearing, which will be issued on the debtor or the decision of the debtor of the debtor, and the opening of the liquidation procedure, or the issue of termination of bankruptcy or the adoption of The continuation of the line procedure of the mine and the postponing of the final trial of the court, which shall be held in the line, set out as part of the second article 22 of this Act.
In register requirements, creditors must contain information about each creditor, the size of its requirements, for monetary obligations, the choral satisfaction of each requirement.
A non-persistent (penalty, penny) is taken into account by the creditors ' requirements of a particular obligation to the sixth order and may be subject to a peace agreement.
The repayment of the non-counter (penalty, penny) in the bankruptcy case is only possible in the liquidation procedure in a simplified manner in dealing with bankruptcy proceedings.
Uhvala is the basis for determining the number of votes that belong to each competitive creditor during the decision-making at the meeting (committee) of creditors. To determine the number of votes for participation in the representative bodies of creditors, the indecent (penalty, penalty) is excluded from the requirements of the competitive creditors.
Amendments to the approved host court register of creditors ' requirements are carried out solely on the consequences of the review by the court of the court of the court of appeal and on the order of appeal or for newly discovered circumstances, as well as in the case of succession.
Article 26. Creditors and creditors committee
1. Within ten days after the sentencing, the authorized office of the authorized office of the creditor of the property reports to creditors according to the creditors ' registry, authorized the person's identity of the debtor and authorized the person. the founders (participants, shareholders) of the debtor of the place and the time of holding of creditors and organises them.
Participants of the debtor's creditor assembly with the right to vote are the competitive creditors, recognized by the host court and registered to register the creditors ' requirements.
The debtors ' creditors may participate in the debtor's right to vote:
The creditors whose requirements have entered the creditors ' register for the requirements of the creditors separately;
Representative of the debtor's workers;
The authorized entity of the founders (participants, shareholders) of the debtor;
A representative of a body authorized to manage the state property;
2. The first meeting of creditors is considered as an authority if the creditors are present at least two thirds of the votes. The following fees are considered to be an authority in case of the presence of creditors with more than half of the vote.
The number of votes of creditors at the meeting is determined according to the part of the fourth of this article.
3. The meeting of creditors in the case of bankruptcy is convened by the arbitration control for its initiative, on the initiative of the creditors committee or other creditors, whose sum of the requirements is at least a third of all requirements made to the requirements register. creditors, or by the initiative of one-third of the number of votes of creditors.
A meeting of creditors on the demand of a creditor committee or individual creditors is convened by an arbitration manager (a dissent of property, control sanation, liquidator) and is held within two weeks of the day of the written requirement of their convocation.
A meeting of creditors is held at the site of the debtor.
4. Concourse creditors have a number of votes, proportional to the sum of the creditors 'requirements included in the creditors' register of requirements, and a short one thousand hryvnias.
During determining the number of votes of the creditors with the right to vote, no amount of failure (penalty, penny), other financial sanctions, the moral regret, the judicial gathering in the bankruptcy case, claimed or paid by creditors in the proceedings. About bankruptcy.
5. To the competence of the meeting of creditors, the decision on:
Identify the quantitative composition and election of members of the creditors committee;
The early termination of the authority of the creditors committee or the individual members of its members;
The approval of the debtor's plan in the order of the mine;
other issues provided by this Act.
6. At the time of the bankruptcy proceedings, creditors elect a committee of creditors with no more than seven individuals.
The election of the creditors committee is held by an open vote by a majority of the votes present at the meeting of creditors defined in accordance with part of the fourth of this article.
The lender, which has twenty-five and more percent of the vote, is automatically included on the creditors ' committee.
During the bankruptcy proceedings, the interests of all creditors represent a committee of creditors, formed in accordance with this Act.
7. The Protocol of the creditors on the formation and composition of the creditors committee is submitted to the court.
8. To the competence of the creditors ' committee, the decision is made to:
Convening of a meeting of creditors;
Appeals to the host court with the petitions of the opening of the santation procedure, the recognition of the debtor of bankruptcy and the opening of the liquidation procedure in cases stipulated by the Law;
The appeal to the host court, with the requirement to recognize the legal rights (treaties) of the debtor, are invalid in any stage of the bankruptcy procedure;
Appeals to the host court with the petition for the appointment of an arbitration control (control sanation, liquidator), the termination of the authority of the arbitration control (control sanation, liquidator), and the appointment of another arbitration control (...) (...)
Preparation and preparation of a peace agreement;
The approval of the debtor's plan, changes and additions to it in cases stipulated by this Act;
Determination of the composition of the property in case of sale of part of the property in the procedure of the debtor of the debtor or the elimination of the bankrupt
Deposit suggestions for the continuation or reduction of the line of procedures for the owner of the debtor or the santation of the debtor;
other issues provided by this Act.
The committee has the right to participate with the right to vote a vote of arbitration, a spokesman for the debtor, the authorized member of the founders (participants, shareholders) of the debtor, secured the lender and in the event of the necessity of a representative of the body, Authorized to administer the state major, and a representative of the authority of local government.
9. The decision of a meeting (committee) of creditors is considered to be the accepted majority of the votes of creditors, if they were voted by the creditors (committee) of creditors, whose number of votes is determined in accordance with part of the fourth of this article.
10. Proving of creditors in connection with the change of registry of creditors 's requirements or election (reelection) of the creditors' committee in a modified or new membership cannot be an independent basis for the change or revision of pre-accepted assemblies or Committee of the creditors.
11. The meeting of the creditors committee on the issue of introducing the following court procedure, except for the first, should take place no later than five days before the trial.
Article 27. Completion of the main procedure
1. In the final meeting of the court in the procedure of the master of the debtor, the transition to the next judicial procedure (procedures for santation, elimination, the peace agreement) or the proceedings will be stopped.
2. Prior to the completion of the procedure, the debtor's board of creditors is required to take one of the following decisions:
Endorse the plan of santation and apply to the host court a petition for the introduction of the sanation procedure and the approval of the plan of santation;
Reject the plan of santation and submit to the host court a petition for the introduction of the santation procedure and the obligation of a managing sanation to prepare a plan of santion;
Apply to the Court of Justice petition for the introduction of the santation procedure and the obligation of the managing santion to prepare a plan of santation in the event of its failure to be a debtor;
Apply to the host court a petition for the recognition of the debtor of bankruptcy and the opening of the liquidation procedure;
Apply to the Court of Justice of the peace treaty.
In the event of circumstances that do not provide creditor committee for the opportunity to accept one such decision, the creditors committee may decide on an appeal to the host court with a petition to extend the procedure line. I want you to do it
3. In the final meeting, the host court, on the proposal of a debtor of the property of the debtor and on the basis of the decision of the meeting of creditors, takes one of the following court decisions:
The adoption of a procedure for sanation and approval of a plan of sanation in the event of approval of the debtor's plan of the creditor of the creditors and the consent of its secured creditors in the order established by Article 30 of this Act;
The adoption of a procedure for sanation and a commitment to the administration of the santion to prepare a plan of santion in the event of a plan to deviate a debtor by a debtor of creditors or by a debtor of a debtor;
The decision on the recognition of a debtor bankrupt and the opening of the liquidation procedure;
The issue of termination of bankruptcy proceedings;
4. In the case of a committee of creditors within a line of action the mine procedure is not accepted with any stipulated by the decision of the decision, the court court for five days after the completion of the application of the Master of the debtor for the presence of a The signs of bankruptcy take a decision on the debtor's recognition of bankruptcy and the opening of the liquidation procedure unless otherwise stipulated by this article.
5. In the case of a committee of creditors within a line of action the mine procedure does not accept any decision-making or the decision to appeal to the host court with the petition to recognize the debtor's bankruptcy and The opening of the liquidation procedure, the host court shall have the right to issue the introduction of the santation procedure in cases of:
If there is sufficient reason to believe that the decision of the creditor committee on the appeal to the host court with the petition to recognize the debtor's bankruptcy and the opening of the liquidation procedure is accepted to the detriment of the majority of creditors-members of the creditors committee And the real opportunity to restore the debtor's solvency;
If the meetings of the creditors committee have proved to be circumstances that give sufficient reason to believe that the debtor may be restored;
in other cases stipulated by this Act.
6. From the day of recognition of the debtor's court with bankruptcy and the opening of the liquidation procedure or the introduction of the santation procedure, or the approval of the peace agreement procedure of the master and the power of the order of the property ceased.
Article 28. Introduction of the debtor's sanation procedure
1. The Court of Justice for the petitions of the creditor committee shall adopt the adoption of a procedure for six months.
Motivated by the petition of a master's office or creditor committee, this term may be extended to the court, but not more than twelve months.
A system of measures carried out during the bankruptcy proceedings to prevent the debtor of bankruptcy and liquidation, aimed at the health of the financial and financial situation of the debtor, as well as the satisfaction in full or partly requirements of creditors by restructuring the enterprise, debt and assets and/or changes to the organizational and production structure of the debtor.
2. The debtor's burner is appointed by the host court in the order established by this Act, from the number of arbitration controls unless otherwise provided by the Act.
The administration of the santation is the physical person who, according to the decision of the court, organizes the exercise of the debtor's sanation procedure.
3. The Office of the State Court on the introduction of the santation procedure and the appointment of a managing santation will take effect from the day of its sentencing.
4. From the moment of the sentencing, the introduction of the santation procedure was:
The head of the debtor is dismissed from office in the order defined by the legislation;
The owner of the debtor goes to the management office.
The authority of the debtor's office of the debtor-the legal person on the management and orders of the debtor, the powers of the administration of the authority is passed by the administration of the office, except for the authority provided by the plan of santation.
The debtor's controls for three days on the day of the decision on the introduction of the sanation procedure and the appointment of a managing santation are required to transfer the management of the accounting and other documentation of the debtor, its seals, The stamps, material and other values.
The arrest of the debtor's property and other restrictions on the property of the mine may be imposed solely within the application of santation and if they do not interfere with the implementation of the plan of santation and not contradict the interests of the competitive creditors.
The Office of the Court of Appeal for the application of a guided santion will be arrested by a debtor or other restrictions on the order of his property in case such arrests or restrictions prevent the implementation of the settlement plan, debtor's economic activity and restoration. his solvency.
The official publication of the message of the introduction of the santation procedure is carried out on the official website of the Supreme Court of Ukraine of Ukraine on the Internet.
Such a message contains characteristics and production type of the debtor, the amount of creditor debt, the submission of applications by investors, which cannot exceed two months, etc.
5. Cursing a santion has the right to:
Appeal to the Court of Justice in the Act and The economic procedural code of Ukraine Cases;
Order of the debtor according to the plan of santation and subject to the limitations imposed by the legislation;
to teach on behalf of borrowers, civil law, labour and other rights (treaties);
to submit statements about the recognition of offenders (treaties) laid down by the debtor, invalid.
Accept the debtor's property and arrange for his inventory;
Open a special account to conduct santation and calculation with creditors;
To develop and apply to the court in cases stipulated by this Act, the santation plan agreed with the creditor committee;
Provide a debtor of accounting and statistical reporting and financial reporting;
Take precautions in favor of debtor debtor debt, as well as the debt of debt owed to individuals who carry on the debtor in accordance with the law or contract of subsidiarity or solidarity;
Consider the requirements of creditors on the obligations of the debtor, who have emerged after the bankruptcy breach in the procedure of the master of the debtor and the santation;
Claims in an established order of objection to the debtor of creditors ' requirements for obligations that have arisen after a breach of bankruptcy proceedings;
to report in a ten-day period from the day of sentencing for the host court, authorized to manage the state property, about its purpose, approval of the peace agreement, the completion of the implementation of the plan of santation, exemption from duties;
to ensure the determination of the initial value of the property by conducting an independent assessment in the event of alienation of the property in the order of the order in the order established by the legislation on the assessment of property, property rights and professional assessments;
Notify the body, authorized to manage the state property, about the implementation of a debt plan for a debtor-a state enterprise or a host company, in a statutory capital that the proportion of state ownership is fifty and more than a percent;
To provide a master's court to his request for the implementation of the plan of santation;
During the period of santation, to act as a representative of the (owner) side in the collective agreement;
Carry out other stipulated legislation.
7. The statement of the administration of the administration or early termination of the santation procedure is the end to the termination of the authority of the arbitration authority as a managing santation, which is indicated in a court decision if the other is not established by the Act.
In the event of a pre-term termination of a santation procedure through a peace agreement or repayment of creditors ' requirements by the santation of the authority over five days of the adoption of the host court, the decision shall be reported to the authority or the office of the person. the body, to the competence of which is the appointment of the head of the debtor, and if necessary ensures that the meeting or meeting of the relevant authority continues to serve as the authority of the head of the debtor to the their purpose in the prescribed order.
8. The enchandisation may be dismissed by the master's court from the execution of powers of the administration of the sanate, which has been worn out, in such cases:
According to the statement of the administration of the sanatia
Based on the decision of the creditor committee or the application of the host court, in the case of non-execution or unsupervised execution by the administration of its authority;
The annulment of his certificate of the right to carry out the activities of an arbitration authority;
in other cases stipulated by this Act.
9. The owner of the property (authority authorized by the master) of the debtor shall not limit the authority of the office of the debtor to the owner of the debtor.
Significant legal and legal matters (treaties) are responsible for the consent of the creditors ' committee, unless otherwise stipulated by the Law or Plan of the debtor.
10. A three-month sentence from the day of the decision on sanation has the right to refuse the rights of the debtors (treaties) committed to a violation of bankruptcy proceedings not executed completely or in part, if:
The execution of the law (treaty) damages the debtor;
The right (treaty) is long-term (more than one year) or calculated to obtain positive results for a debtor in the long term, in addition to the cases of producing a technological cycle larger than the line of the debtor's office;
The execution of a law (treaty) creates conditions that prevent the recovery of the debtor's solvency.
The right-hand side (contract), which has been made by the Governing Council of the refusal to withdraw from its execution, has the right to a thirty-day sentence of decision-making to require the enforcement of damages which have arisen. Because of the failure of the treaty, in the proceedings of the bankruptcy proceedings.
11. In case of violation by parties of the conditions of the offenders (treaties), in accordance with the plan of santation, during the procedure for the santation procedure, the protection of the violated law that arose through the santation procedure is carried out in the proceedings of the proceedings of the Bankruptcy.
12. The debtor santion procedure is terminated early in the event of failure to implement the santation plan and/or in case of non-execution of the debtor's current obligations, in connection with the local court acknowledges the debtor's bankruptcy and opens the liquidation procedure.
13. In the case of recognition by the debtor's debtor and the opening of the liquidation procedure, the administration of the office continues to fulfill its duties until the transfer of cases of the liquidator or the appointment of its liquidator in the Act established by the liquidation of the liquidator. Okay.
14. A report to the Committee on the Loan and Loan Committee reports.
15. Actions (inactivity) of the administration of santion may be appealed to the Magistrates ' Court to participate in the bankruptcy proceedings, whose rights are violated by such actions (inactivity).
Article 29. Debtor's Office Plan
1. For three months on the day of the sentencing, the debtor's debating santation in the cases stipulated by the Act is required to submit to the court and approved by the creditors committee of the debtor's plan.
The administration office is obliged to pre-agree a plan for the santation of state-owned enterprises or enterprises, in a statutory capital of which the proportion of state ownership exceeds fifty percent, with the body authorized to manage the state property. This body in a ten-day period from the day of the session of the santation plan is required to consider it and grant its conclusion about the agreement or refusal to agree to the santation plan.
The actions (inactivity) of the authorized state bodies regarding the approval of the sanation plan may be appealed to the administration of the loan to the host court within the proceedings of the bankruptcy case.
In case of investors, the santation plan is being developed with the participation of investors and signed by investors. An investor is a person who accepts a decision on making his own, borrowed and involved, and intellectual values into the objects of investing and responsible for failing to comply with their obligations.
Participate in the discussion of the santation plan;
Participate in judicial meetings during the santation procedure;
Familiarity with the materials of the bankruptcy case, the accounting, statistical documents of the debtor;
Challenge court decisions taken during the santation procedure.
A plan for the santation must contain measures to restore the debtor's solvency.
The santation plan should predict the renewal of the debtor's solvency. Platinability is considered to be restored in the absence of evidence of the insolvency defined by this Act.
The santation plan may contain the terms of:
Fulfillment of a debtor's commitment to third persons;
Satisfaction with the requirements of creditors in a different way not to contradict the law;
Reimbursement of funds spent on holding the meeting of shareholders and (or) meetings of the debtor's management according to this Act.
The plan of santion must necessarily predict the repayment of borrowers owed to wages.
2. The need for restoration of the debtor's solvency, which contains a plan of santation, may:
Restructuring of the enterprise;
The closing of nervous production;
(a) The payment of payments or forgiveness (writeback) of the part of the debt that is made by the peace agreement;
The restructuring of the debtor's assets according to the requirements of this Act;
Sales of part of the debtor's property
A debtor's commitment to the owner of the debtor and his responsibility for the non-fulfillment of the obligations;
The alienation of the property and the repayment of the debtor's obligations by replacing the assets;
The release of debtor workers, who cannot be involved in the process of executing a santation plan;
A loan payable to the employee paid to the debtor employees who are exempt from the santation plan, which is reimbursed in accordance with the requirements of this Act, by the sale of the debtor's property;
Other ways to restore the debtor's solvency.
3. Under the restructuring of the enterprise is understood by the exercise of organizational, financial and economic, legal, technical measures aimed at reorganizing the enterprise, in particular by its division with the transition of debt obligations to a legal entity not subject to santation, to change the form of property, management, organizational and legal form that will contribute to the financial health of the enterprise, increase production efficiency, increase volumes of the issuance of competitive products and full or partial satisfaction with the requirements of creditors.
4. In the case of a plan for sanation, the emancipation of workers, whose work cannot be active during its execution, the administration of the santation prior to the alleged release should submit to the primary trade union organization relevant information, as well as Conduct a consultation with the unions on the exercise of measures to prevent the release, the summary of the number of freed workers to the minimum or mitigation of the consequences of any exemption. Severance pay attention is paid either by the debtor or the funds from the sale of the debtor's property, or to a loan payable to that purpose.
In the event of a debtor of activities associated with the state secret, the santation plan must contain measures to ensure the protection of state secrets.
In case the debtor is a balance of state property that has not entered the statutory capital of the economic community in the process of privatization (corporatization), such property is not subject to alienation in the santation procedure.
5. The debtor's plan must predict the repayment of creditor requirements given by the Act.
6. The santation plan is considered approved if it is supported
at the meeting of the creditors committee more than half of the votes of the creditors-members of the creditors committee.
7. The Committee of the creditors can take one of the following decisions:
Endorse the plan of santation and submit it to 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, petition to the host court with a petition to remove the arbitration control from the fulfillment of the duties of the administration of the administration and the appointment of a new governing santation in the order established by the Act. The stated decision should contain the date of convening the draft committee of creditors to review the new santation plan.
Approved by the creditor committee of the sanation plan (changes to it) and the protocol of the creditors ' committee of creditors on the introduction of the procedure of the sanation procedure are served by the arbitration administration to the host court.
The decisions of the creditors committee have to be reasoned, to contain the adoption of circumstances and the basis of which creditors were governed during their acceptance.
In the event of approval by the Loan Committee of the Santion Plan, which involves the greater debt of the debtor than originally set, the host court continues the lines of santation within the line set by the first Article 28 of this Act, if applicable. reason to believe that the continuation of the line of santation and execution of the santation plan will lead to the resumption of the debtor's solvency.
8. The Court of the Lord approves the approved and agreed plan of the debtor's sanation and shall adopt the approval of the santation plan.
If, within six months of the sentencing, the loan to the host court will not be subject to the debtor's plan, the master court has the right to decide on debt recognition for bankruptcy and the opening of the liquidation procedure, according to of this Act.
Article 30. Agreement of the santation plan provided by creditors
1. The plan of santation within seven days of the adoption by the creditors committee of the decision on its approval is approved by all provided creditors.
2. If any of the provided creditors deny the approval of the santation plan, other secured creditors can accept one such solution:
about the allocation of the provided items from the debtor's property, their sales at the auction in the order established by the Act, and the satisfaction of the requirements of such a creditor at the expense of the sale of funds;
about the issuance of debt according to the information register of the creditors ' requirements.
3. If all secured creditors deny the approval of the santation plan, other creditors can accept one of the following decisions:
Concerning the allocation of the provided items from the debtor's property, their sales at the auction in the order established by the Act, and the satisfaction of the requirements of the provided creditors by the proceeds of the sale of funds;
about the issuance of debt according to the information register of the creditors ' requirements.
4. In case the secured creditors did not agree to the santation plan and the creditors committee did not accept any proposed part of the third of this decision article, the host court is considering approved by the Loan Committee of the Hears the denial of secured creditors and decides on the feasibility of the approval plan.
Article 31. The execution of the debtor's obligations is the owner of the property (a body authorized by the master) of the debtor in the santation procedure
1. The owner of the property (authority authorized by the master) of the debtor throughout the course of office for the purpose of ending bankruptcy proceedings is entitled to meet all the requirements of the competitive creditors made before the creditors register, or Provide a debtor of funds sufficient to meet all the requirements of competitive creditors according to the creditors ' register, except for a non-stop (penalty, penny).
2. The application intends to meet the requirements of creditors the owner of the property (a body authorized by a master's office) to send a debtor, a creditor, and a host of creditors, who is considering bankruptcy.
There must be evidence before the stated statement, confirming the presence of a claimant, sufficient for the repayment of all the requirements of competitive creditors.
The owner of the property (the authority authorized by the master) of the debtor may participate in the discussion of the plan of the santation, the peace deal, and the report of the managing santation.
3. The intentions of the intention are to be considered by the host court for fourteen working days from the date of its accession with the mandatory challenge to the judicial meeting of the managing sanate and members of the creditors committee.
According to the results of the decision, the court's intention was to make the decision of the decision of the intention or the adoption of the refusal to satisfy such a statement.
4. In the case of satisfaction, the court statement on the intent of the owner of the debtor must for one month since the sentencing of the host court to hold calculations with all the competitive creditors.
5. After completing a debtor's commitment, the owner of the borrowers, who is the governor of the borrowers, is obliged to submit a written report for ten days.
6. The report of the Governing Council report is carried out by the host court in order and on the conditions stipulated by Article 36 of this Act.
Article 32. Increase in the statutory capital of the debtor
1. In order to recover the debtor's solvency, there may be an increase in the statutory capital of the debtor in the amount set by the plan of santation.
The mission of the shares and bonds of the joint stock company is a borderline exclusively for the transfer of obligations of the society in securities in the order established by the National Securities and Stock Market Commission.
2. The debtors shall have the preferential right to purchase a particle, proportionally to a particle, a proper participant, in the order provided by the law. The shareholders of the debtor have the preferential right to purchase additional borrowers that are placed, in the order provided by the law.
3. In the event of recognition of the issuance of additional borrowers such that did not take place, or invalid funds obtained by the debtor of individuals who acquired additional debtor shares, return to such persons outside the law established by the Act.
Article 33. Sales in the procedure of the property of the debtor as a whole new complex
1. With the aim of restoring the solvency and satisfaction of creditor requirements, the santation plan may predict the sale of the debtor's property as a whole new complex.
Measures to ensure the requirements of creditors regarding the property of the debtor, which is subject to sale according to the settlement plan, are abolished by the host court.
2. During the sale of the debtor property as a whole property in the prescribed order, all types of property are considered for the purpose of the debtor's business activities, including premises, facilities, equipment, inventory, raw materials, products, the rights of the requirements, the rights to the signs (designation) that individualize the debtor, its products, works, services (branded naming, signs for goods and services), other rights belonging to the debtor, except for rights and duties that cannot be -transferred to other persons.
3. During the sale of the debtor property as a holistic property complex under this article, the monetary obligation of the debtor, including the commitment to the unused and timely not returned funds of the Social Insurance Fund from The temporary loss of employment on the date of the adoption by the State Court for bankruptcy violations, are not included in the main assets of the debtor ' s business.
4. During the sale of the debtor's property as a whole new complex, all labour contracts (contracts) signed to the date of sale continue to operate, in which the rights and duties of the employer are transferred to the buyer property.
5. The Sumon, obtained from the sale of the debtor's property as a whole property, is included in the main assets of the debtor.
6. The sale of the debtor's property as a whole new complex will be auctioned in the order established by this Act.
The initial price of the debtor ' s property as a holistic property complex on the auction is determined according to Law of Ukraine "On assessment of property, property rights and professional assessment activities in Ukraine" and other regulations.
7. If the debtor at the expense of the sale of property as a whole property, satisfies the requirements of creditors in full, the debtor's bankruptcy case is subject to termination by the host court. -Sana'a.
8. If the amount proceeds from the sale of the debtor property as a holistic property complex are not enough to meet the requirements of creditors in its entirety, the management sanate offers creditors to make a peace agreement.
If the peace deal is not concluded, the court recognizes the debtor for bankruptcy and opens the liquidation procedure.
Prior to the approval of the Magistrates ' Court or the recognition of a debtor by the bankruptcy and the opening of the liquidation procedure, the administration of the sanitary has no right to deal with creditors.
Article 34. Alienation in the sanation procedure of the debtor's property by replacing the assets
1. With the aim of restoring the solvency and satisfaction of the creditors ' requirements, the plan may predict the alienation of the debtor's property by replacing the assets. Measures to ensure the requirements of creditors regarding the property of the debtor, which is subject to alienation according to the plan of santation, are abolished by the host court.
2. The integral master complex or designated a plan of santation is part of a debtor's property with a corresponding (proportional) part of its obligations (except for obligations arising from the requirements of competitive creditors) may be alienated by their The transfer of the host company, which is formed by a debtor, in the order established by the Cabinet of Ministers of Ukraine. A share (stock) in a statutory (composed) capital of such a host society is included in the property of the debtor (a replacement of assets).
During the formation of the host society, he is transferred to the master assets (property and property rights) of the debtor, including the retreating of the law and the requirements of the current creditors.
3. The size of the statutory (composed) capital of the newly formed host society is defined as the difference between the value of the main assets and the value of debt-based debt to competitive creditors.
4. During the alienation of the debtor's property as a single master complex, the substitution of all the labour contracts (contracts) made to the date of such alienation continue to operate. The rights and responsibilities of the employer are transferred to the newly formed host society.
5. In case of alienation of part of the debtor's property and the transfer of an appropriate (proportional) portion of its current obligations by replacing the assets of labour contracts (contracts) concluded with employees whose work was used in production units, The property of which is subject to the transfer of the newly formed household, continues to act, and the rights and duties of the employer are transferred to such a society.
6. Exclusion of the particles (shares) in a statutory (composed) capital of the newly formed host society is at the auction in the order established by this Act.
If the initial cost of a fraction of a particle (stock) is sufficient to meet the requirements of the debtor's creditors, the auction can be put to an appropriate (smaller) part of the proper particle boarder (stock).
7. By the time of the formation of the administration of the newly formed host society, after the sale of shares (particles) in its statutory (composed) capital of the authority of the governing body, the management of the administration is exercised.
8. If the debtor at the expense of the amount resulting from the replacement of the assets and their sale, satisfies the requirements of creditors in full, the failure of the debtor's bankruptcy proceedings shall be suspended by the host court.
9. If the amount resulting from the replacement of assets and their sales is not enough to meet the requirements of creditors in its entirety, the management sanate offers creditors to make a peace agreement.
If the peace deal is not concluded, the court recognizes the debtor for bankruptcy and opens the liquidation procedure.
Article 35. Sales in the sanation procedure of the debtor's part
1. With the aim of restoring the debtor's solvency and the satisfaction of creditor requirements, the sanation plan may predict the sale of part of the debtor's property.
The sale of a debtor's santation procedure is only subject to the property approved in the approved order of the santation plan.
Measures to ensure the requirements of creditors on the part of the debtor's property, which are subject to sale according to the settlement plan, are abolished by the host court.
2. The sale of part of the debtor's property in the debtor's office is held at auction in accordance with the order established by the Act.
3. The debtor of which the constraint is set is sold on closed trading at a price, not below the usual price. In closed trading, individuals who are in accordance with legislation may have their property on the property or on the grounds of another substance.
4. The initial value of the debtor property on the auction is determined according to the Law of Ukraine "On assessment of property, property rights and professional assessment activities in Ukraine" and other regulations.
Article 36. Report of the Managing Sana'a
1. In fifteen days before the end of the session, the santation procedure specified by the settlement plan, and the presence of a basis for pre-term termination of the santation procedure, is required to provide a committee of creditors a written report and to notify the members of the creditors committee about the time and venue of the creditors ' committee meeting.
2. The report of the managing santion shall contain:
The balance of the debtor at the last reporting date;
The calculation of the profits and losses of the debtor;
Information on the availability of money debtor, which may be directed to meet the requirements of the debtor's creditors;
Information on the debtor's debtor on the date of submission of the report and on the unrealized rights of the debtor;
information about the status of the creditor debt at the date of submission of the report.
3. In addition to the report of the Managing Sana'a, there is evidence to meet the requirements of competitive creditors according to the creditors ' registry of requirements.
At the same time with the report of the Managing Sana'a, the creditors committee to the creditors committee, one of the following proposals on:
Adoption of the decision on the early termination of the santation procedure in relation to the restoration of the debtor's solvency;
The decision to end the process of santation and the conclusion of a peace agreement;
Appeal to the end of a line of procedure for the santation procedure, defined in terms of santation, to the host court with the petition to recognize the debtor of bankruptcy and the opening of the liquidation procedure;
An appeal to the Court of Justice with a petition to continue the procedure of the sanation process.
4. The report of the management santation should be considered by the creditors committee not later than ten days from the date of its departure and not later ending the line of the santation procedure defined in terms of the santation.
5. With regard to the review of the report of the Managing Director, the creditors ' committee decides on the appeal to the host court with a petition to:
The termination of the sanation procedure due to the implementation of the santation plan and the restoration of the debtor's solvency;
The termination of the santation, recognition of the debtor by the bankrupt and the opening of the liquidation procedure;
termination or continuation of the procedure for the santation and the conclusion of the peace agreement.
In the event of the occurrence of circumstances, which is the basis for the termination of the santation procedure, the creditors committee may accept the appropriate decision in the absence of a managing santation report.
6. If the creditor committee is not made any of the decisions defined by the Fifth of this article, or such a decision is not submitted to the host court until the end of the application procedure, defined in terms of santation or within fifteen days of the day The emergence of the grounds for its pre-term termination, the Court of Justice examines the issue of disclosing the bankruptcy proceedings, or the recognition of the debtor of bankruptcy and the opening of the liquidation procedure in the manner prescribed by the Act.
7. The report of the management sana'a, reviewed by the creditor committee, and the meeting of the creditors committee not later than five days after the date of holding a meeting of the creditors committee to the court.
Prior to the report, the management office is added to the creditors 'requirements and in the case of complaints of creditors who voted against the creditors' adopted committee or did not vote.
8. The report of the administration and creditors of the creditors is treated at a meeting of the court. About the time and place of such a review are reported by the managing santa and creditors who have filed complaints.
9. If the creditors committee decided to terminate the santation procedure due to the implementation of the santation plan and the restoration of the debtor's solvency, the report of the management santation is subject to approval by the host court, unless otherwise stipulated By law.
In the event of the establishment of the economic court, the justification of the creditors of creditors on the legal violations of the administration of a host court may refuse the approval of the management of the administration.
10. On the approval of the report of the managing sanitary, or the refusal of the approval of a specified report or approval of the peace agreement, was issued.
11. If calculations with creditors were not carried out in a line provided by the plan of santation, and provided the absence of a creditor of the creditors committee on the continuation of the lines predicted by the santation plan, and the relevant changes to the santation plan, the economic The court recognises the debtor by bankruptcy and opens the liquidation procedure.
12. The extension of the santation procedure line within the line of santation specified by this Act is carried out by the master's court after making the relevant changes (additions) to the debtor's plan. The changes to the santation plan are approved by the creditors committee and approved by the host court in accordance with the requirements of this Act.
13. The calculations with creditors which are included in the register are conducted by the administration of santation starting with the date specified in the approved host court, in the order of the law established by the Act.
14. Copies of the host court and the management of the administration are sent to the parties in the case, to other bankruptcy cases.
Chapter III
LIQUIDATION PROCEDURE
Article 37. A resolution on the recognition of the debtor's bankruptcy and the opening of the liquidation procedure
1. In cases stipulated by this Act, the Court of the Court of the Court of Appeal, with the participation of parties, takes a decision on the debtor's recognition of bankruptcy and opens the liquidation procedure for twelve months.
A bankrupt is a debtor whose inability to fulfill his monetary obligations is established by the court.
Under liquidation, it is understood to end the subject of an entrepreneurial activity recognized by the host court, with the aim of taking measures to meet in order of this Act of creditor requirements by selling his property.
Failure to appear in the court proceedings, which were properly reported on the time and place of such a meeting, does not prevent the failure of the proceedings.
2. To petition the committee of creditors or investors, or owner of the property (an authority authorized by a master) bankrupt or on their own initiative, the court may decide on the introduction of the santation procedure and after the debtor went bankrupt. in case of a plan for santation and before the sale of property is bankrupt.
Article 38. The consequences of debating the debtor went bankrupt.
1. From the day of the adoption of the host court, the regulation on the recognition of the debtor is bankrupt and the opening of the liquidation procedure is:
The economic activity is concluded with the end of a technological cycle in case of the possibility of its sale on the exclusion of the contracting and execution of contracts intended to protect the property of the bankrupt or ensure its preservation (maintenance) in proper state, property rental contracts that are not temporarily used, on the period prior to its sale in the liquidation procedure, etc.;
The execution lines of all monetary obligations are considered to be bankrupt.
In bankruptcy, there is no additional obligation (including taxes and fees (compulsory payments)), in addition to the costs directly related to the implementation of the liquidation procedure;
The insigence of the non-counter (penalty, penny), interest and other economic sanctions on all types of debt is bankrupt;
Information about the financial situation is bankrupt to become confidential or to become a commercial secret;
Sale of property is permitted in the order provided by the Act;
An arrest is cancelled, a debtor's property imposed on a debtor's property or other restrictions on the property of such a debtor. New arrests or other restrictions on the possession of the main bankrupt are not permitted;
The requirements for debtor obligations declared bankrupt, which arose during bankruptcy proceedings, may be filed only within the liquidation procedure within two months of the official release of the debtor's recognition Bankrupt and opening the liquidation procedure. String assignments are marginal and resuming is not subject to date. Creditors whose requirements are stated after the end of the line set for their submission, or not to be stated at all, are not competitive, but their requirements are repaid in the sixth queue in the liquidation procedure;
The execution of a debtor's commitment to bankruptcy is carried out in cases and order stipulated by this section.
2. Since the decision of the host court, the ordinance of bankruptcy recognition and the opening of the liquidation procedure shall cease and control the administration of the administration of the bankrupt administration and the possession of his property if it has not been done. Earlier, the head of bankruptcy is fired from work in connection with the bankruptcy of the company and also the authority of the owner (s) of the property is bankrupt.
3. With the purpose of identifying creditors with requirements for debtor obligations, declared bankruptcy arising during bankruptcy proceedings, the official release of the debtor ' s recognition of the debtor and the opening of the liquidation procedures on the official website of the High Court of Justice of Ukraine on the Internet.
4. The report of the debtor's recognition of bankruptcy and the opening of the liquidation procedure shall contain:
The naming and other requisition of the debtor declared bankrupt;
The naming of the household court, which is the case of bankruptcy;
The date of adoption by the host court decision on the recognition of the debtor by bankruptcy and the opening of the liquidation procedure;
Information about the liquidator (liquidation commission).
Article 39. The execution of the debtor's obligations is the owner of the property (a body authorized to manage the master) of the debtor in the liquidation procedure
1. The owner of the property (authority authorized by the master) of the debtor at any time prior to the end of the liquidation procedure shall simultaneously satisfy all the requirements of the competitive creditors in accordance with the creditor requirements register or to provide a debtor to a cash officer funds sufficient to meet all the requirements of creditors, in order and on the conditions stipulated by Article 31 of this Act.
The owner of the property (an organ authorized by a master's office) may participate in the discussion of the liquidator report and the peace deal, and may also claim to petition the repayment of the debt or the transition to a santation procedure.
2. In the case of a debtor's commitment, the owner of the debtor of the debtor's account is set in the order stipulated by Article 46 of this Act.
3. As a result of the review of the liquidator report, the host court issued a discontinuation of the bankruptcy proceedings in case of the satisfaction of all the creditors 'requirements according to the creditors' registry.
Article 40. Functions of the Court of Justice in the liquidation procedure
1. In order to recognize the debtor's bankruptcy and the opening of the liquidation procedure, the host court appoints the liquidator of the liquidation of the liquidation of the liquidation of the liquidation of the law, in accordance with the number of arbitration controls unless otherwise provided by the Law.
2. Under the liquidation of the liquidator agreed with the creditors committee, the Court appoints the members of the liquidation commission. In the event of elimination of the state enterprise or enterprise, in a statutory capital of which the state share is more than fifty percent, the host court appoints members of the liquidation commission to the body authorized to govern. A member of the Government of the United States of America, and the need for a representative of the local government.
The liquidation commission of the liquidation commission is included by the creditors, the authorized member of the founders (participants, shareholders) of the debtor, the financial authorities and the unions, and if necessary, also representatives of specially authorized The central body of the executive authority is in the cases of supervising the insurance activity, the Anti-Monopoly Committee of Ukraine, the body authorized to manage the state property, and the representative of local governments.
3. The Liquicator (liquidation commission) fulfills its authority to end the liquidation procedure in the order established by this Act and other regulations.
4. In the liquidation procedure, the host court examines complaints of the (inactivity) actions of the liquidation procedure and exercise other powers envisaged by the Act.
Article 41. The powers of the liquidator and members of the liquidation commission
1. The liquidator is a physical person who, in accordance with the court decision, arranges the liquidation procedure of the debtor, which is declared bankrupt, and provides satisfaction with the requirements of creditors in the order established.
2. The Liquicator from the day of its appointment shall exercise the following powers:
Adopts the debtor's property prior to his departure, ensuring that it is maintained;
Fulfilment of the functions of the administration and orders of the property;
Conduct inventory and valuation of the property;
Analyzes the financial situation;
Complies with the authority of the head (authority) of the bankruptcy;
Leads the liquidation commission and forms the liquidation mass;
He has been charged with third parties to claim the return of the bankrupt amount of debtor's debt;
has the right to receive credit to pay for the outgoing aid to employees who are exempt from the liquidation of the bankrupt, which is reimbursed by the Act Extraordinary on the expense of the sale of the property to the property;
On the day of recognition of the debtor's bankruptcy and the opening of the liquidation procedure, the workers are bankrupt about the release and exercise it in accordance with the legislation of Ukraine on labour. Payment of the outgoing aid to the freed workers was to be issued by the liquidator of the liquidation of the liquidation of the liquidators of the liquidation of the sale of the property, or obtained for this purpose of the loan;
Declares an order of denial of the requirements of the current creditors for obligations that have arisen in the bankruptcy proceedings and are unpaid;
Gives a statement to the court the statement of the recognition of invalid offenders (treaties) of the debtor;
Take measures to find, identify and return the property of the bankrupt, which is within the third person;
Transfer bankruptcy documents to the installed order, which, according to the regulatory documents, are subject to mandatory storage;
He sells property in bankruptcy to meet the requirements of the creditors ' requirements, in the order stipulated by the Law;
reports its appointment to the State Department for Bankruptcy on a ten-day period of the decision-making of the House Court and provides the State Authority for Bankruptcy relevant information to conduct the Single Register of Enterprises on which the Breach of bankruptcy proceedings;
In the event of the failure of the bankruptcy of the state secret, the elimination of the state-secret authority is taking place. To do this, by the agreement with the Security Service of Ukraine, defines the composition of the liquidation commission of the secret body that is formed in accordance with the law of order;
List of creditors ' requirements
(c) Other powers stipulated by this Act.
3. From the day of the assignment of the liquidator to it, the rights of the supervisor (administration) of the legal person are bankrupt.
4. The Liquicator (arbiter) has the right to order the manufacture of duplicates of seals and stampings in the event of loss.
5. Under the exercise of its powers, the liquidator has the right to declare requirements for third parties, which under the legislation carry a subsidized liability under the obligations of the debtor in relation to the proof of bankruptcy. The size of the specified requirements is determined from the difference between the sum of creditor requirements and the elimination of the mass.
In the case of debtor's bankruptcy of the fault of its founders (participants, shareholders) or other persons, including the guilt of a debtor who have the right to give a debtor to a debtor or have an opportunity to further define his actions, The founders (participants, shareholders) of the debtor-the legal person or other persons in the event of a debtor's property may be assigned a subsidized liability for its obligations.
The vested sums are included in the liquidation mass and can only be used to meet the requirements of creditors in the order of the law established by the Law.
6. For fifteen days on the appointment of the liquidator, the relevant officials are required to transfer the accounting and other documentation of the bankrupt, seal and stamping, material and other values of the liquidator. In the event of evasion, the relevant duties of the respective officials go bankrupt and are responsible in accordance with the laws of Ukraine.
7. During the liquidation procedure, the liquidator is required to use only one account of the debtor in the banking institution. Other accounts found in the liquidation procedure are subject to the closure of the liquidator. The remaining funds on these accounts are listed on the main account of the debtor.
8. The funds that receive the liquidation procedure are credited to the main account of the debtor. The main account shall be carried out by the payment of creditors in order of the law defined by the Law.
From the main account, the payments are made payable to creditors, the payment of current payments and expenses related to the implementation of the liquidation procedure.
9. The liquitor is less than once a month for creditor committee reporting on its activities, information on the financial position and property of the debtor on the day of the opening of the liquidation procedure and in carrying out the liquidation procedure, the use of funds The debtor, as well as other information on the request of the creditors committee.
10. The Liquicator is obliged to request the host court and the public authority on the issue of bankruptcy to provide necessary information on the conduct of the liquidation procedure.
11. Actions (inactivity) of the liquidator (liquidation commission) may be appealed to the host court by participants in the bankruptcy proceedings, whose rights are violated by such actions (inactivity).
12. In the case of non-performing or undue the liquidator of their own duties, the creditors ' court or from his own initiative may terminate the power of the liquidator and appoint a new liquidator in the order set up by the liquidator. This is the Law.
13. In the event of liquidation, the enterprise is bankrupt and is required by legislation handing over the territorial community to the facilities of the housing stock, including dormitories, children ' s preschool facilities and communal infrastructure facilities, arbitration control. (the liquidator) passes, and the local government authority accepts such objects without additional conditions in the order established by the legislature.
1. All kinds of main assets (property and property rights) are bankrupt, which belong to him on the right of property or the delivery date to the opening date of the liquidation procedure and discovered during the liquidation procedure, included in liquidation mass except for facilities of the housing stock, including hostels, children ' s preschool and communal infrastructure facilities owned by the legal person are bankrupt, which is transmitted in the order established by legislation, to communal services. property of relevant territorial communities without additional conditions and funded in in order of order.
During the elimination of the mode-secret organ of material media of classified information (technical documentation, products, their research samples, etc.) are passed to the customer according to the contract concluded to perform the relevant works. The transfer of official material carriers to classified material consists of a written act, which agrees with the relevant body of the Security Service of Ukraine.
2. Mino, defined by the deposits belonging to bankruptcy on the right of possession or use, is included in the composition of the liquidation mass.
3. Individually defined property belonging to the bankrupt on the grounds of rights other than property rights and the host country may not be included in the liquidation mass.
4. Mino-bankrupt is not included in the liquidation mass and is used solely to meet the requirements of the creditor for the obligations it provides.
The sale of the property is bankrupt, is carried out in an order provided by this Act solely by the consent of the creditor, which it provides, or judgment.
The remaining funds after the satisfaction of the provided requirements and coverage of costs related to the retention, preservation and sale of the subject matter are subject to the inclusion of the liquidation mass.
5. In the presence of the property of the bankrupt property excluded from the turnover, the liquidator is obliged to transfer it to the respective individuals in the prescribed order.
6. The Liquicitor, finding a share that belongs to the bankrupt in a common property, in order to meet the requirements of creditors in a set order infringe upon the issue of the allocation of this part.
7. Assets that are included in the mortgage coating are not included in the liquidation mass of the emitent, such bonds and the management of mortgage coverage. The alienation of these assets, including coercive, is carried out in a manner prescribed by the mortgage bonds law.
8. Mainly, whose debtor is the user, the balance holder or the holder, returns to its owner in accordance with the law or contract.
9. State property that did not enter the statutory capital of the host society in the process of privatization (corporatization) and is on the balance sheet is not included in the liquidation mass.
The subject of management such a day since the adoption of the host court decision on the recognition of the debtor's bankruptcy and the opening of the liquidation procedure in the set of the first article 37 of this Act accepts the decision to further use it. Property.
Article 43. Valuation of the property went bankrupt
1. The Mayno, which is subject to implementation in the liquidation procedure, is evaluated by the liquidator. The original value of the entire main building complex is the collection of the creditors established by the Law Requirements Act.
2. During the sale of the property, the auction value of the property, which is determined by the liquidator, is the initial value.
3. The assessment of property of state-owned enterprises and businesses, in statutory capital of which the proportion of state ownership exceeds 50 per cent, is made necessarily with the involvement of the subjects of the evaluations in the order determined by the Law of Ukraine "On assessment of property, property rights and professional assessment activities in Ukraine" .
Article 44. Sale of the property
1. After the inventory and appraisal of the property, the liquidator makes the sale of the property bankrupt in the following ways:
The sale is directly legal or physical.
The choice of ways to sell assets is carried out by the liquidator to ensure its alienation at the highest price.
2. The Liquicator organises the auction of the sale of assets in bankruptcy with regard to the requirements of this Act.
Basic facilities (real estate, uncompleted construction, vehicles, building materials, etc.);
The secession of the structural unit is bankrupt as part of a holistic property complex;
The non-negotiable assets are bankrupt;
The debtor's debt under the terms of the treaty to withdraw the rights of the claim is bankrupt.
The liquidator has the right to self-conduct auctions in accordance with the legislation or to draw upon the contract of the auction organizer-the legal entity, which according to the established documents has the right to conduct torches. The auctioneer's organizer cannot be an interest in creditor or debtor.
3. In the case of restrictions imposed on the closed bidding at the price, not below the usual cost. In closed trading, individuals who are in accordance with legislation may have their property on the property or on the grounds of another substance.
4. The Liquicitor carries out the sale of securities and derivatives of financial assets through the professional stock market participant in the order defined by the Constitution of Ukraine, according to the agreement laid down between the liquidator and the securities trader.
5. The Liquicator runs the sale of the debtor's property in the form of a whole new complex. In case of the sale of the debtor's property in the form of a whole new building, the liquidator carries out the sale of the debtor's property.
6. The liquiator can carry out the direct sale of such assets:
basic means, the balance of which is not exceeding one thousand hryvnia, as well as other non-negotiable material assets, economic materials, low-cost and performance items, volumes or cost of which are insufficient to Auctioning. These material assets are implemented directly by the liquidator or on commissions through the organization of retail trade;
Not sold at auction. In this case, direct sales can be carried out at the price of the latest bidding at the auction;
Not sold on stock exchanges through the stock exchange;
Which, after the announcement of a repurchase, is only one offer from the buyer. Direct sale can be carried out at a price determined as the price of sale at an auction, a buyer who has filed an offer for participation in the auction;
Shares of a private joint-stock company or a limited liability company that belong to the debtor and are purchased by this society or participants (shareholders) of this society.
7. The agreement on the implementation of the property is bankrupt, cannot foresee a line or a set of payments for purchased property.
8. The spores that arise and the results of the auctions, including the recognition of invalid contracts for the purchase of sale of property, are dealt with in the bankruptcy proceedings.
Article 45. The satisfaction of the creditors ' requirements
1. The funds received from the sale of property are bankrupt and are directed to meet the requirements of creditors in the order established by this article. With this:
1) in the first place satisfies:
Requirements for payment of wages to pay prior to operating and release of employees bankrupt, cash compensation for all unused days of annual leave and additional leave to employees who have children, other funds granted workers in connection with the paid lack of work (payment of idle time not from the employee ' s fault, warranty for the time of performing public or public duties, guarantees and compensation for service items, guarantees for workers, are directed to enhance the qualifications, guarantees for donors, safeguards for workers, are directed to a medical facility, social payments in connection with temporary loss of employment through enterprise funds, etc.) as well as output aid to employees in relation to the termination of labour relations and These amounts of insurance contributions to the general public pension insurance and other social insurance, including the reimbursement of the loan received on these goals;
The requirements of creditors under the contract of insurance;
expenses related to the failure of bankruptcy proceedings in the host court and the work of the liquidation commission, including:
The cost of payment of the judicial proceedings;
the costs of creditors to conduct an audit, if the audit was conducted by the host court at the expense of their funds;
The requisition of the applicant for the publication of the declaration on the breach of the bankruptcy proceedings, the introduction of the santation procedure, the recognition of a debtor bankrupt;
The costs of publication in the official printed bodies on the order of sale of the property;
The cost of publishing to the media on renewal of bankruptcy proceedings in relation to the recognition of the peace deal is invalid;
Requirements for the payment of the main monetary reward for arbitration management;
Requirements for the reimbursement of the costs of the arbitration control, related to the implementation of the property of the debtor of the property, control of the debtor's office or the liquidator of the debtor;
The costs of an arbitration control (the solvent of the property, the control of the santation, the liquidator), are related to the retention and preservation of the main assets of the bankrupt;
2) in the second step satisfies:
the requirements arising from the harm caused by the life and health of the citizens, by capitalizing in the liquidation procedure of the relevant payments, including to the Social Insurance Fund from accidents at production and The Professional Diseases of Ukraine for the citizens who are insured in this fund, in the order established by the Cabinet of Ministers of Ukraine, obligations of the payment of insurance contributions to public pension insurance and other social insurance, in addition to the requirements satisfied with the Foundation ' s unused funds return Social insurance for temporary employment loss, and the requirements of citizens-trustees (depositors) of trusted societies or other subjects of business activities which involved property (s) of the trustees (depositors);
3) in the third place satisfies:
Tax and fees requirements (mandatory payments);
The requirements of the central authority of the executive branch, which shall exercise the administration of the state reserve;
The requirements of creditors not provided by the establishment, including the requirements of the creditors, which have arisen with the decision of the master or the debtor's santation procedure;
(5) In fifth, the following shall be met:
Requirements for the return of contributions from members of the labor collective to the statutory capital of the enterprise;
Requirements for the payment of additional monetary rewards to the management or liquidator in part 5 per cent of the volume paid in favor of the asset debtor (return of money, property, master rights), which are on the date of failure of the proceedings The bankruptcy was in the third party;
Requirements for the payment of additional cash rewards to the management of a transaction or liquidator in part 3 per cent of the volume of the repayment of competitive creditor requirements, which are subject to extraordinary satisfaction and the receivables and the receivables under the Act;
(6) Other requirements are met in the sixth place.
2. Each subsequent queue is satisfied with the proceeds from the sale of the property to go bankrupt after the complete satisfaction of the requirements of the previous queue, except in the cases established by the Act.
3. In the case of insufficient funds received from the sale of the property to go bankrupt, for the full satisfaction of all the requirements of the same queue, the requirements are satisfied with the sum of the requirements of each creditor.
4. In the case of a creditor's failure, the creditor (liquidation commission) does not account for the sum of the monetary requirements of this creditor.
5. Help, not satisfied with the lack of property, are considered to be extinguished.
6. If at the time of completion of the liquidation line, the remaining assets of the debtor and immediate sale will result in a substantial loss of value, the liquidator transfers such assets to the management of the designated master legal entity, which A commitment to take measures to continue to pay off the debt repayment of the debtor by its assets.
The Liquidator in case of the need to transfer debtor assets that remain unsold at the end of the liquidation procedure, in the management of another legal person, the appointment of such a person with the creditors committee, and appeals to the court of court. A proper petition.
Such a liquidation of the liquidator gives the master court no later than two months before the completion of the liquidation procedure and notes the volume of assets sold and not sold, the reasons for the sale, as well as the total amount of dissatisfied. the requirements of creditors.
At the same time, the liquidator of the liquidator delivers:
information about each asset (its value (residue, market and liquidation, if determined), the price and order of the sale according to which it was sold and not sold);
Conclusions about the evaluation of each activity carried out in accordance with the legislation of Ukraine during the liquidation procedure.
The debtor of a debtor may not be a person who:
is a creditor associated with a person or shareholder/participant of a debtor;
Did not make a commitment to the debtor;
is a party in the court case involving a debtor.
7. In the case of the economic court, the decision to eliminate the legal entity is bankrupt, the property left after the satisfaction of creditors ' demands is transferred to the owner or empowered by the authority, and the property of the public enterprises. Privatization for the decision to make further instructions in such a major way. In the case of the owner's failure or the authorized body, as well as the privatization authority to accept such property, or in case of the impossibility of establishing the owner's whereabouts or authorized authority, the property left after the creditors ' needs is transferred to the Ministries and other central bodies of the executive branch, health, education, welfare, institutions in which child-orphans and children are raised, deprived of parental care, children's homes. family type, adoptive families, houses of the child at runtime Punishment, detention facilities, investigation of isolators, military formation, or destroyed (disposed of).
8. To mitigate the requirements of creditors by the basis of meeting homogeneous requirements, on the consent of the creditor (creditors) in cases, if this does not violate the rights of other creditors.
9. The provision of the requirements of the secured creditors by property of the bankrupt, which is the subject of the provision, is carried out in an extraordinary manner.
1. When all accounts are completed with creditors, the liquidator delivers the report and the elimination balance to which the liquidation will be added:
Information on the inventory of the debtor's property and liquidation of the liquidation mass;
Information about the implementation of the liquidation mass object with reference to the concluded purchase of the sale;
Copies of the purchase and sale contracts of the property;
Register of creditors 'requirements on the size of creditors' repayment requirements;
Documents confirming the repayment of creditors ' requirements;
the reference of the archival institution on the adoption of documents, which according to the law are subject to long-term storage;
For joint-stock companies, a copy of the issue of the abolition of the registration of the share of the shares, witnessed by the National Securities and Stock Market Commission;
for securities emitents-a copy of the report on the effects of the payment of securities, is attested by the National Securities and Stock Market Commission.
The liquidator report must be approved by a creditor committee, property owner (a body authorized by a master) of the debtor (for public enterprises or businesses, in a statutory capital of which the proportion of state ownership exceeds 50 per cent).
About the time and place of the trial, in which the report and the liquidation balance should be considered, the host court informs the liquidator and the members of the creditors committee.
The Court of Justice, after hearing the report of the liquidator and opinions of members of the creditors committee or individual creditors, issued a decision on the approval of the liquidator report and the elimination balance.
2. If the results of the liquidation procedure after the satisfaction of creditors ' requirements remain property, the Court of Appeal makes the decision to eliminate the legal entity. A copy of this was sent to the authority made public registration of legal entity, and the bodies of state statistics for the exclusion of a legal entity from the United State Register of Legal Individuals and Individuals-Entrepreneurs, as well as the owner of the property and organ of the state tax service for the whereabouts of the bankrupt.
3. If the liquidator has not found the main assets subject to the inclusion of the liquidation mass, it is required to sue the master's court to eliminate the balance of property.
4. In case the host court concluded that the liquidator did not detect or implement the property assets bankrupt in its entirety, the court issued a decision to appoint a new liquidator in the order established by the Act, unless otherwise stipulated. This is the Law.
A new liquidator will lead the liquidation commission and acts according to the requirements of this Act.
5. If the property is bankrupt enough to meet the requirements of creditors in its entirety, it is said to have no debt and can continue its business activities. In this case, the liquidator for five days from the day of acceptance of the House Court of the relevant decision reports to the authority or the office of the authority of the body to the competence of the appointment of the head of the debtor, in the case of Necessity provides for the holding of a meeting or meeting of such bodies and continues to fulfil the powers of the supervisor (the bodies of the administration) prior to their appointment in the prescribed order.
The Court of Justice may issue a decision to eliminate the legal entity exempt from debt, only if the remainder of its property is less than required for the continuation of the economic activity in accordance with the law.
6. If the legal form of legal entity is bankrupt is a joint-stock company, the liquidator exercises an action to end the circulation of shares provided by the legislation.
7. The Liquicator acts as an amendment to the Single State Registry of Legal Persons and Individuals-The entrepreneurs write about the termination of a legal entity-bankrupt.
Article 47. The workers ' release of the debtor. Benefits to exempt employees
1. The release of a debtor may be carried out after a breach of bankruptcy proceedings and the appointment of the office of the office of the State of the Union of the State of Ukraine in accordance with the requirements of the legislation of Ukraine concerning the features provided by the This is the Law.
2. The release of the freed campaigners is paid to the arbitration management in established order, subject to the features provided by the Act.
3. The issue of employment of freed workers is resolved according to the legislation of Ukraine on labor and the employment of the population.
The freed workers of the debtor are subject to the guarantees established by the legislation of Ukraine on labor and the employment of the population.
1. The Liquicator provides the proper design, ordering and storage of all, including the financial services, the documents are bankrupt during the liquidation procedure.
2. Prior to the office of the economic court, the liquidation of the legal entity is bankrupt, the liquidator is obliged to ensure the preservation of archival documents in bankruptcy and by the agreement with the specially authorized central executive body in the field of law. of archival business and business or with an authorized archival institution to determine the place for further storage.
3. The executive branch of the executive branch in the area of archival affairs and business administration or authorized by the archival institution is required to accept archival documents for storage without additional conditions.
4. On enterprises related to the state secret, the liquidator is obliged to provide the removal, proper design, ordering and storage of material carriers of classified information as well as other measures to be removed. State secrecy.
IV Section
SALE OF PROPERTY IN THE PROCEEDINGS
ABOUT THE BANKRUPTCY
Article 49. Sale of property at auction
1. The sale of the debtor's property in the bankruptcy proceedings shall be carried out in the order established by the Act, by holding bidding in the form of an auction, except for property, whose sale according to the legislation of Ukraine is exercised by holding closed trading.
2. The sale shall be subject to all types of property of a debtor designed to implement economic activities, except for the rights and duties that may not be transferred to other persons.
3. Order of the auctions for bankruptcy proceedings and the requirements for their organizers on the property of state-owned enterprises and enterprises, in the statutory capital of which the proportion of state ownership exceeds fifty per cent; is established by the authority authorized to manage the state property.
4. The subjects of the auction are its customers, the organizer and the participants.
5. The speaker is the liquidator appointed by the host court in the order established by this Act.
6. The auctioneer is defined by the customer of a physical or legal entity having a license to conduct the bidding and with which the customer of the auction is signed by the auction.
The auction organizer is defined by the customer behind the contest held in a designated order, the main criteria are considered to have licenses sufficient, but not less than three years, the experience of holding auctions, proposed by the smallest. the amount of reward.
An organizer of the auction may not be an interest in the person regarding the debtor, the creditors and the customer of the auction.
Members of the auction may be citizens of Ukraine, foreigners and persons without citizenship, the legal persons of Ukraine and foreign legal persons who submitted the necessary documents and passed the procedure for registration by the executive of the auction according to this Act.
8. The perpetrator and organizer are forbidden to set the requirements, take action or detect inactivity, which, in any way, violate the equality of participants of the auction or allow them to be discriminated against.
All members of the auction are guaranteed equal access to any property information provided for sale, as well as the course of preparation and preparation of the auction.
Article 50. Contract specific to auction
1. The sale of the property at the auction is arranged by a sale contract, which is contracted by the owner or the customer of the auction to the winner of the bidding.
2. The binding terms for the purchase of the sale of property shall be:
Information about the property, composition, characteristics;
The order and lines of the transfer of the buyer;
Information about the presence or lack of provisions regarding property;
Other conditions stipulated by the legislation of Ukraine.
3. The auction may not be used by the overwhelming right of purchasing property, except in the cases prescribed by law.
4. The purchase and sale of a sale of fixed property is subject to mandatory notarial identification.
Article 51. Agreement for the auction
1. According to the agreement of the auction, the auction organiser is pledged to hold the auction and make a contract with its winner, and the customer is to pay the organizer of the auction due to the contract of the award.
2. Prior to the contract, the auction shall apply to the Commission (when signed by an organizer of its own name) or errands (in other cases), unless otherwise established by the Act.
3. After the announcement of the announcement of the auction, the organizer may refuse to contract only if the auction was made impossible for the reasons for which the auction organiser is not responding.
4. The auctioneer cannot apply to the auction of the property at auction to ensure its requirements for the customer.
The auction organizer performs the following functions:
published and places a message on the sale of the debtor's property and the results of the bidding process;
Accepts applications to participate in the auction;
He concludes with the claimants of the treaties;
Defines the participants of the bidding
Carry out the bidding process;
Specifies the bidding winner and signs the Protocol on the results of the bidding;
tells the participants of the bidding for the results of the bidding.
Article 52. Auction Lines and Time
1. The auctioneer shall hold an auction for two months from the date of the auction, unless otherwise established by law or the treaty.
2. Auxion (other than electronic trading) is held on the working day and working hours. The limit rows of submission of proposals on an electronic trading price are determined on the work day and the working time.
Article 53. Requirements for websites held in electronic trading
1. When auctions are conducted in electronic form (e-trading), and when placing an auction and information about the auction and information about the results of the auction on web sites, technology and software should provide all desirable ability to search for information by date of site declaration, date and venue of auction, property, price, type of contract, and the ability of anonymous viewing, copying and printing information based on common web reviewers and editors without the need to apply specially created for that tech and software, year-round, unrestraints, and charging fees.
2. Information must contain information about the time of its placement.
3. Information should be available on the websites for seven years from the day of the auction.
4. The subjects that are subject to this Act shall be placed on the website of the State Agency for Bankruptcy, should be held free by this authority within five working days from the day of their residence, unless otherwise established by the Act.
1. The auction organizer has the right to refuse to auction not later than ten days before its start with the immediate posting of a message on the printed media outlets in which the event was announced. An auction, for reasons.
2. The notice of cancellation of the auction not later than the next day after the adoption of the relevant decision is sent by the organizer to all the individuals who have filed a statement of participation in the auction.
3. In case of abolishing the auction, the organizer returns the participants to pay their warranty contributions not later than within five bank days.
4. The decision to abolish the auction may be appealed to the host court.
Article 55. The order of recognition of an auction such that did not take place, annulled the results of the auction, recognizing the results of the auction is invalid
1. Aukzion is recognized as not held, in the case of:
Absence of participants or at the bidding of only one participant;
when none of the participants offered the price higher than the starting (initial cost);
Pay the winner of the proper amount for the purchased property.
The decision to recognize the auction was not held, accepted by the organizer in a three-day period following the emergence of a reason for such recognition.
2. The auction results are organized by the organizer in a five-day period from the time of its conduct in the event of a winner's refusal to purchase or sign a record of the auction.
The decision to annulment the results of the auction may be appealed to the host court.
3. The results of the auction conducted with a violation of the requirements of the law may be deemed to be in court order not valid.
The recognition of the results of the auction is not valid for the recognition of a non-real deal with the winner of the purchase-sale contract.
Article 56. Responsibility of the auction organizer before individuals who failed to participate or win the auction
1. In case of a violation of the order of training and the conduct of the auction, an interest in the auction is to be taken or won by the auction, the auctioneer's organizer is required to pay a special penalty in the amount of guarantee.
Article 57. Determining the initial cost of property
1. The initial value of the property is determined by the arbitration control.
2. The initial cost is subject to the cost of the auction.
3. In case of the presence of valid doubts about the specified arbitration governing initial value of a committee of creditors or a separate creditor or owner of the property of a debtor may appeal to the master court with a petition to host an independent Estimates. The Master Court may appoint an independent valuation of the debtor's property by interested creditors (creditor) that is done in a manner defined by the Law of Ukraine "On assessment of property, property rights and professional assessment activities in Ukraine" .
Article 58. Order of the announcement and notification of the auction
1. The organizer of the auction not later as 15 working days prior to the day of the auction is published on the website of the public authority on the issues of bankruptcy and the Supreme Court of Ukraine (when conducting electronic trading-also on its website) The announcement of the auction, as well as written records of the auction of the owner of the property, the customer and other persons identified by the customer.
2. During the sale of the auction law, the auction requirement is also reported to the debtor.
3. During the sale of the auction of fixed property, the announcement should also be placed on a fixed jersey.
4. The auctioneer provides access to information about the sale of property, and the ability to familiarize yourself with the property.
Article 59. Content of auction announcement on web site
1. The announcement of the auction on the website should contain information about:
The property sold, its characteristic and location;
The time and place of the auction (for electronic trading is the website on which the electronic trades are held, and the time period during which the torches are held);
The initial cost and information about the possibility of a reduction in the same auction;
the size and order of the warranty contribution;
The ability to award a tax bill;
Asset seller (naming, location, communications);
Order, place, rows and time of submission of applications to participate in the trades;
The order of participation in the trading session, the list of documents and requirements charged to the participants, to their design;
Order and criteria for detection of the winner of the bidding;
Payment lines, the requisition of accounts on which payments are made;
The organizer of the auction (naming, location, means of communication);
way to obtain additional information about the auction.
2. In the declaration, the text of the contract is given at the auction, aside from the price and meaning of the person of the buyer.
3. If the auction is repeated or is held in connection with the dissolution of the contract concluded on the previous auction, it is noted in the announcement with a pointer to the address of the website of the website on which information is posted prior to the previous year. An auction.
4. If the sale is subject to a land area, its size is indicated by its size, target, communication, and so on.
5. If the sale is subject to building, construction, premises, the apartment, then the property characterization, the total area and residential area, the number of rooms (premises), their area and destination, the materials of the walls, the number of floors, floor or floors, Where the premises are located (apartment), information on the premises and structures, information about the land area on which the building is located, the building, the right to a land area, which passes to the purchase of the building, facilities, premises, apartments, etc.
6. If the sale is subject to a vehicle, the characteristics of the property include a brand, model, year of release, engine volume, fuel type, mileage, complex, need for repair, color, etc.
7. If the sale is subject to stock (part) in the statutory (compiled) capital of the economic society, the property of the property is indicated by the name of the host society, its identification code, location, communications means, and the status of the (composite) capital, number of shares (size of particles) offered for sale, nominal value of one stock, equity form, the average number of workers, area and legal regime of land owned by the host country. society, the balance of the main foundations, the wear of the main foundations, Balance sheet, debit debt, credit card debt, basic products (works, services) and its scope, securities registrar information. During this period, the last financial year of the activity is taken.
8. If the sale is subject to property law, the right of the requirement is to announce copies of all the documents required to determine the content of the right.
9. The announcement features photographic images of things sold.
10. If one day in one place is held by several auctions (except for electronic trading) a subset, it is allowed to mark only the beginning of the first auction with an indication of the duration of the upcoming auctions.
Article 60. A statement to participate in the auction
1. An auction is made in a free form of state language and must be specified in a message of the auction of the following information:
Naming, organisational form, location, address of the applicant (for legal entity);
name, name, by parent, passport data, information relating to the applicant ' s place of residence (for physical person);
the contact phone number, the applicant ' s email address.
2. An auction must also contain information about the presence or lack of interest of the applicant regarding the debtor, creditors, the customer, the organizer of the auction, and the nature of that interest in the event.
3. Prior to the application, copies of the following documents should be added:
Statements from the United State Register of Legal Persons and Physical Persons;
a document confirming the authority of the person on the implementation of actions on behalf of the applicant;
A document on the payment of the guarantee fees.
4. A statement issued by the organizer's application for participation in the auction is subject to registration in the magazine's claim to participate in the auction with the order of the serial number, date and exact time of its submission.
5. The statement of registration of the filed statement on participation in the auction is sent to the applicant's email address.
The auction organizer is obliged to ensure the confidentiality of information contained in the filed statements for participation in the auction.
7. The applicant shall have the right to change or withdraw its claim to participate in the auction at any time until the end of the submission line of the statement on participation in the auction.
Article 61. Admission to the auction and payment of warranty contributions
1. The decision of the organizer of the auction on the admission of applicants to participate in the trades is taken by the results of the review submitted by the applicant to participate in the auction and form a protocol on the definition of the participants of the auctions. Applicants who submitted statements for the participation in the auction and the documents added to them meet the requirements set out by the Act and the specified report on the bidding. Applicants who are allowed to participate in the bidding are recognized by the participants of the auction.
The decision to withdraw from the applicant to participate in the auction is accepted if:
The statement on participation in the auction does not meet the requirements established by this Act and the following in the report of the auction;
The applicant shall not be consistent with the requirements;
The date of the assembly's definition of the auction does not confirm the receipt of the warranty contribution to the accounts specified in the auction.
2. The size of warranty contributions is ten percent of the original value.
3. If the initial value does not exceed ten living minimums, the guarantee of the contribution is not established, except for electronic trading.
4. The auction organizer for five days from the day of the signing of the Auction Committee reports all applicants for the results of the review presented in the auction by sending the applicants in writing or email. Copies of this protocol.
5. An auction card is issued for admission to the participant's auction, on both sides of which the participant's number is indicated.
6. The decision to recognize or refusal to recognize a claimant by a participant may be appealed to the host court in the order established by this Act.
Article 62. To provide a fixation of the auction by technical means
1. The auctioneer is required to provide its fixation by technical means. The auction organizer is required to provide the conduct of his video recording, other than conducting electronic trading.
2. The auctioneer is required to maintain a media auction for at least seven years.
The auction organizer is obligated to immediately provide copies of the auction recordings in distributed media files, all wishing to be free of charge or on their own medium on the terms of payment of its value.
Article 63. Access Auction Location
1. The organizer provides access to the site of the auction participants of the auction, the customer of the auction and the individuals specified by the customer, the employees of the public bodies when executing their official duties and representatives of the media.
2. To participate in the auction, buyers receive tickets to the auctions, which should contain information about:
the name of the property, in which the buyer is involved;
1. Aukzion is conducted directly by the host (litzatore). A litter can be an auction organizer.
2. Before the auction starts, the liticiator informs the following:
The terms of the contract being made at the auction;
the amount required to be brief above the next proposal above the previous (step of the auction) that cannot exceed 10 percent of the original cost;
A method of reporting a willingness to make a treaty;
3. In the case of a three-time initial cost announcement, the participants of the auction do not find a wish to make a contract, the lyciator announces the end of the auction without the detection of the winner if the auction is not envisaged. the possibility of lowering the initial cost at the same auction.
4. If the auction was not announced before the beginning of the auction, the willingness to make a contract (via electronic means, by submitting proposals exclusively from the voice, etc.), during the auction, were reported to be prepared Make a contract on the face of an declared price lecyan, raise the auction card with a number, return to the litter, or simultaneously lift the card of the auctioneer and offer its price.
5. If the proposed auction price is greater than the price offered by the littiator, the latter calls the participant number and the proposed price. After each announcement the price follows a hammer ' s hammer.
6. If during the three-time announcement the last price will not be offered the higher price, the littiator simultaneously with the third strike a hammer announces the winner who offered the highest price, and offers it immediately to pay the price or part of the price of the cases established by this Act. The liquoiator announces the winner and other participants of the auction effect of the failure of the immediate payment of the price.
Article 65. Reauction features
1. If the other is not set by the contract, if the auction is finished without specifying the winner for a month (in the case of a fixed-property sale of two months) the auction organizer is required to hold a repurchase.
2. If the other is not set by the contract, in the case of the completion of the re-auction, without specifying the winner for the month, the auction organizer is required to hold a second re-auction.
3. If the other is not set by the contract, the initial cost of the reauction, the second re-auction is the cost, reduced by 20 percent of the initial cost according to the previous auction, the previous reauction.
4. Prior to auction participation is not allowed to the winners of the previous bidding, which did not pay in the established terms of the contract cost of the contract, abandoned the contract of purchase or sale of the protocol with the results of the results. An auction.
Article 66. Features of the auction with the possibility of lowering the initial cost
1. If the other is not set by the auction agreement, the auction is conducted without the possibility of reducing the initial cost.
2. A reauction is conducted with the possibility of a reduction in initial cost, but not lower than the limit value, which is 50 per cent of the initial value specified in the announcement of the auction.
3. If the other is not set by the auction agreement, the second reauction is conducted with the possibility to lower the initial cost.
4. During the auction with the possibility of a reduction in initial cost, in the absence of a willing contract, the leicator reduces the initial cost of the auctioneer, until the desired agreement is made.
5. If an initial cost should be considered wanting (willing) to make a contract, the auction is conducted in general order.
Article 67. Features of the auction in electronic form (e-trading)
1. Auxion can be conducted on an organizer ' s website (e-trading). The winner of electronic trading is the person who offered the highest price during the time of electronic trading. There are no less than 15 days of electronic trading.
2. The admission of an attendee to the electronics trades is carried out by assigning it a code number under which this participant gives suggestions for the price.
3. Technological and software used by the electronic trading organizer should provide:
The protection of information received from the customer and of the participants of the trades;
The protection of information posted on the website.
4. The system that provides electronic trading should provide:
Non-refouable electronic trading work;
Serve as participants in the price of a secure connection in real time;
the visualisation of all proposals with reference to the code numbers of the participants who made the proposals, during the actual time of the auction, and also for seven years after the end;
The visualization of time remaining to the end of a price proposal.
5. The system should allow e-torg participants to submit proposals for price accuracy up to 1 copy.
6. The system should immediately send each e-mail participant to a message that should contain the address of the website of the website on which the electronic bidding offered at the price, time of receipt of the proposal system, as well as the time Posting an attendee's offer on a website page or a failure to submit a proposal to specify the reasons for such a failure.
7. Immediately after the announcement of the winner or end of the auction without the definition of the winner, the auction of the auction is sent in an electronic form to the winner and the customer. In the case of the sale of a fixed property, the protocol in paper form on the same day is sent (awarded) to the winner and customer.
Article 68. Features an auction of the sale of requirements
1. In account of the rights of the requirement that are sold at the auction, upon receipt of the debtor according to the requirements of this Act of the auction, the enrollment statement must be made by the organizer of the auction. Such a statement is subject to the immediate disclosure of the announcement of the auction on the website.
2. In case before the auction of the obligation was partially executed, the initial price of the law requirement is proportionally reduced, which the auction organizer is composed of. If the debt repayment is complete, the right is removed from the auction.
3. The statute of the contract for the purchase and sale of the law of the debtor must predict that the transition of the rights of the requirement shall be made only after its full payment.
1. The protocol is made up by the auction immediately after the announcement of the winner or end of the auction without the detection of the winner.
The property proposed for sale;
The number of participants in the auction;
the price offered by the winner of the auction, or the information that the auction ended without identifying the winner;
the price or part of the price, paid the winner;
naming and location (for legal person), surname, name, by parent and place of residence (for physical person) the winner of the bidding;
the address of the website page where the auction information is posted;
the bank account number on which the funds for the purchased property should be listed.
3. In case the winner of the auction has refused immediate payment of the proposed price and the auction has been renewed, it is noted in the protocol.
4. The Protocol is added to the protocol by the organizer of the text of the treaty, as indicated in the announcement of the holding of the auction.
5. The protocol is granted to the winner of the auction immediately after its completion and on the same day they are sent by the customer of the auction. One copy of the protocol remains in the organizer of the auction.
Each auction member may request a copy of the protocol to be made by the organizer of the auction. Such a copy is granted on the day of the appeal.
7. The auction organizer is required to report the proposed winner of the price or the end of the auction without the definition of the winner to host these information on the website of the Public Authority on Bankruptcy and the High Court. Ukraine, where the announcement of the auction was posted, is not later than three days after the auction was completed.
Article 70. Return of warranty fees, price and penalty charge
1. Guarantees of participants will be subject to the return of three working days from the end of the auction, except in the cases provided by the second-third of this article.
2. A guaranteed contribution paid by the winner of the auction is credited to the price of payment.
3. Warranty contribution is not to be returned if the auction ended without determining the winner (except for the detection of property flaws, not listed in the announcement of the auction posted on the website), and the winner of the auction, if he did not comply with the price payment in accordance with the requirements of this Act.
4. The auctioneer, which did not return a guarantee or an paid price for a set of lines, pays a penny of 120 percent of the discount rate of the National Bank of Ukraine from the amount of debt during the period of proformation.
Article 71. Price Payment Order
1. The winner of the auction, whose members in accordance with this Act do not pay any guarantee of contributions, is required to pay the proposed price of a given price within 40 living minima immediately after the announcement of the auction.
2. The auction organizer is required to provide technical opportunities for immediate payment of cash or payment card.
3. Within five days of signing this protocol, the customer auction sends a proposal to the winner of the contract to purchase the sale of property together with the project of this treaty, in accordance with the award winners of the proposal for setting the price of this property.
In the event of the acquisition, the winner of several lots of lots to the treaty is placed separately on each lot.
4. The winner of the trades shall be held within five days of the agreement of the draft treaty to sign it and count the funds for the purchased property on the specified bank account number.
5. The payment line can be extended by the agreement of the auction organizer, but not longer than on ten calendar days, with the payment of the winner of the bidding at least 50 percent of the price of the sale of property.
Article 72. Resuming the auction in case of immediate payment of the price
1. If the auction winner is not made mandatory for the immediate payment of the price, according to the requirements of this Act, the contract is considered to be terminated and the auction is immediately renewed from the price offered by the previous participant.
Article 73. Consequences of non-compliance with the payment of property prices
1. In the case of failure or evasion of the winner of the bidding for the purchase of the sale of property for five days from the day of receipt of this contract, the guarantee will not return and the customer of the auction has the right to propose a contract Purchase of the sale of the property to the participants bidding, which is offered the highest price compared to the price of property offered by other bidders, with the exception of the bidding winner.
2. If the contract for the purchase of sale of property was not put, the customer of the auction accepts a decision to conduct retorments and to establish a new initial price for the sale of property.
Article 74. Transfer of moving things, property rights and withdrawal of law requirements
1. Pridbana is a moving item, the main law is transferred and the right of the requirement is set to purchase after a full payment of the price offered.
2. The organizer of the auction, which has not delivered a purchase to its requirement of a moving item, the main law, or did not return the right to the requirement after the full payment of the price, pays a penny of 0.5 per cent per day from the price of the sale during the period of proformation.
Article 75. Act on the Reversing of Property Rights on Real Estate
1. Transfer of the property by the customer of the auction and the adoption of its purchase is carried out by the bill signed by the parties and decorated in accordance with the legislation.
2. In the case of rerepresentation of property rights on purchased fixed property, the property shall be noted as follows:
the name and place of residence (location) of the seller and the buyer, as well as the organizer of the auction;
Information on the sold property;
the address of the web page where the auction information is posted.
3. The transfer of property rights to the purchased fixed property, together with the protocol of holding the auction no later than three working days after the full payment, the proposed price is transferred to the notary, and copies of the act no later than the following day Together with the information about the notary, the customer's auction and the seller are sent. Due to the untimely transfer of the notary's account, the bidding organizer pays a fee of 0.5 per cent per day of the sale price for the period of proformation.
4. The notary issued a purchase certificate for the purchase of fixed property at an auction in the order established by the law. The service of the notary is paid by the organizer of the auction.
Article 76. Responsibility for the flaws of the property sold at auction
1. A person whose property has been sold at auction, the customer and the auction organiser are not responsible for the flaws of the property except for cases of deliberate hiding.
Article 77. The World Agreement and the Lines of Its Agreement
Under the peace agreement, bankruptcy is understood by the arrangement between the debtor and the creditors regarding the bouts and/or the discharge, as well as the forgiveness (write-off) of the debtor's debts, which is formalized by the agreement between the parties.
2. The peace agreement may be concluded on any stage of the proceedings in the bankruptcy case. In the possession of the master of the debtor, a government agreement can only be concluded upon the identification of all creditors and the approval of the creditors register of the requirements of creditors.
3. The decision to make a peace deal on behalf of creditors is accepted by the creditors committee by a majority vote of the creditors-members of the committee and is considered to be accepted on the condition that all creditors whose requirements are secured by the debtor's estate have expressed Written consent to the peace agreement.
4. The decision to make a peace deal is taken on behalf of the debtor's supervisor or arbitration control (the control of the santation, the liquidator), who perform the powers of the management and head of the debtor and sign it.
5. On behalf of the creditors, the peace agreement is signed by the chairman of the creditors committee.
6. The owner of the property (authority authorized by the master) of the debtor has the right to participate in the discussion of the peace agreement in the procedures of santation and elimination.
7. The arbitration authority is required to pre-agree a peace agreement with the authority authorized to manage the state property, regarding state enterprises or businesses, in the capital capital of which the share of state ownership exceeds 50 percent. This body in a ten-day period from the day of the establishment of a draft peace agreement is required to consider it and grant its conclusion about the approval or refusal of the peace agreement.
The actions (inactivity) of the authorized state bodies regarding the approval of the peace agreement can be appealed by the arbitration authority to the host court within the proceedings of the bankruptcy proceedings.
8. The decision to make the peace deal ends with the action of the master of the debtor, santation and elimination.
9. If the world agreement contains conditions on the implementation of a debtor's commitment to a third person, then the peace agreement must be signed by the head of a third person (if it is a legal entity) or a subject of an entrepreneurial activity-a physical entity.
Article 78. Conditions of peace agreement
1. The peace agreement can only be concluded with respect to the requirements provided by the staff, requirements of the second and subsequent queues of the satisfaction of the requirements of creditors defined by the Act.
2. In case the conditions of the peace agreement involve a solution or a selection or forgiveness (write-off) of debts or parts, the charge authority is required to agree with the satisfaction of the portion requirements of taxes, fees (compulsory payments) on the conditions of such a a peace agreement with the aim of ensuring the recovery of the solvency of the enterprise. With this tax debt issued in rows that preceded the three full calendar years before the day of filing a statement of bankruptcy violations to the host court, it is recognized as hopeless and written, and tax obligations or tax liability. The debt that has arisen over the last three days before the filing of the filing of the bankruptcy proceedings against the host court of the calendar year, is dissolved or written off by the peace agreement. The stated peace agreement is signed by the head of the relevant public tax service body for the whereabouts of the debtor.
Not subject to forgiveness (write-off), rewriting and/or disbursement under the conditions of the global wage agreement before working and freed workers bankrupt, cash compensation for unused days of annual leave and additional fees. a vacation to employees who have children, other funds, proper employees in connection with the paid lack of work (the payment of time is not from the fault of the worker, the guarantee of the time of public or public duties, guarantees and compensation for service defections, guarantees for workers to be promoted qualifications, donors for donors, guarantees for workers to survey the medical institution, social payments in connection with temporary loss of employment through enterprise funds, etc.) as well as output assistance workers in connection with the termination of labour relations.
Not subject to forgiveness under the terms of the global debt repayment agreement on public official pension insurance and other social insurance, unused and timely not returned funds to the Welfare Fund. -Insurance with temporary disability.
3. The payment of creditors ' requirements under the terms of the peace agreement is carried out with the provisions of the Act established by the Law.
4. For creditors who have not participated in voting or voted against the peace agreement, conditions cannot be worse than for creditors, who have expressed consent to the peace agreement, which are attributed to one queue.
Article 79. The peace agreement and the entry into force
1. The peace agreement is made in writing and is subject to an approval by the host court, which is noted in the office of the Court of Justice for the termination of bankruptcy proceedings.
2. The peace agreement will take effect from the day of its approval by the host court and is mandatory for a debtor (bankrupt), creditors whose requirements are provided by the establishment, creditor of the second and subsequent queues.
3. One-party failure of the global agreement is not permitted.
4. The Mirova Agreement shall contain the provisions of:
Size, order and lines of the debtor's commitment;
A roll or a discharge or forgiveness (write-off) of debts or parts thereof.
In addition, a world agreement may contain conditions for:
Fulfillment of a debtor's commitment to third persons;
satisfaction with the demands of creditors in other ways, which do not contradict the law.
Article 80. Approval of the global agreement provided by creditors
1. The peace agreement within seven days of the adoption by the creditor committee of the decision on its conclusion is approved by the secured creditors. The consent of all of the secured creditors will be required to approve the global agreement.
2. If any of the secured creditors denies the approval of the peace deal, other secured creditors can accept one such solution:
about the allocation of the provided items from the debtor's property, their sales at the auction in the order established by the Act, and the satisfaction of the requirements of such a creditor at the expense of the sale of funds;
about the issuance of debt according to the information register of the creditors ' requirements.
3. If all secured creditors deny the approval of the peace deal, other creditors can accept one of the following decisions:
about the allocation of the provided items on the property of the debtor, their sales at the auction in the order established by the Act, and the satisfaction of the requirements of the provided creditors by the proceeds received from the sale of funds;
about the issuance of debt according to the information register of the creditors ' requirements.
4. In case the secured creditors did not approve the peace agreement and the creditors committee has not accepted any of the proposed part of the third of this decision article, the host court is considering the proposed committee of creditors of the world. the agreement, hears the denial of the bail creditors on its approval and decides on the approval of the peace agreement.
Article 81. Review of the peace agreement
1. The Party of the World Agreement for five days from the day of the peace agreement shall apply to the host court a statement on its approval.
The statement of approval of the peace agreement shall be added to:
The text of the peace agreement
Protocol of the creditors ' committee meeting, on which the decision was made to make a peace agreement;
A list of creditors with a postal address, number (code) that identifies the taxpayer, and the amount of debt;
A debtor's obligation to pay off wages to work and free workers bankrupt, cash compensation for all unused days of annual leave and extra vacation to employees who have children, others funds proper to employees in connection with the paid lack of work (payment of idle time not from the fault of the employee, guarantee at the time of the execution of public or public duties, guarantees and compensation for duty officers, guarantees for workers in order to raise the qualifications, guarantees for donors, guarantees and for workers to survey medical facilities, social payments in connection with the temporary loss of employment through enterprise funds, etc.) as well as the initial assistance provided to employees in connection with the termination of labour relationships;
A debtor's obligation to reimburse all expenses, which are envisaged primarily, in addition to the requirements of creditors secured;
the written denial of creditors who did not participate in voting on the peace agreement or voted against the establishment of the peace agreement, for their presence;
The previous agreement of the peace agreement authorized by the administration of the state property, regarding state enterprises or enterprises, in the capital capital of which the proportion of state ownership exceeds 50 per cent.
2. On the date of consideration of the peace agreement, the host court reports the parties to the peace agreement. The failure of these individuals does not prevent the consideration of the case.
The Court is obliged to hear each present at the meeting of the creditor, who had the objection to the conclusion of the peace agreement, even if at the meeting of the creditors committee he voted to make a peace deal.
3. The Court of Justice rejects the approval of a peace agreement in the case of:
Breach of the ordering of the peace agreement established by the Act;
if the conditions of the peace deal are contrary to legislation.
4. The refusal to approve the peace agreement with the Court of Justice is adopted.
In the event of sentencing, the court has rejected the refusal to approve the peace agreement of the world agreement.
5. From the day of approval of the peace agreement, the debtor shall pay the repayment of the creditors ' requirements under the terms of this peace agreement.
6. The Court's Court of Justice is the basis for the termination of bankruptcy proceedings.
7. Within five days from the day of approval, the magistrates ' agreement of the peace agreement or the liquidator reports to the authority or the office of the authority of the body, to the competence of which the head of the debtor belongs to the debtor, in the case of The need to provide a meeting or meeting of the relevant authority continues to fulfil the powers of the head of the debtor to the appointment in the established order of the debtor.
8. The adoption of the host court has rejected the refusal to approve the peace agreement not to prevent a new peace agreement with other conditions.
Article 82. The validity of the peace deal or its break. The consequences of failing the peace deal
1. The bankruptcy proceedings, as well as other persons, rights and legitimate interests of which are violated or may be violated by the peace agreement, have the right to challenge the decision to end the proceedings in relation to the approval of the World Agreement. Agreement.
2. According to a statement by anyone from competitive creditors, a peace agreement may be deemed to be invalidated by a host court within the proceedings of the bankruptcy proceedings against the grounds stipulated by civil law.
Such statements are handled by the judicial gathering in the order provided by the law.
3. The recognition of the peace agreement is not valid or void the peace deal is a basis for the resuming of the bankruptcy proceedings, which has been evoked by the host court.
4. The requirements of creditors under which the calculations made under the terms of the peace agreement are considered to be extinguished.
5. The restoration of proceedings against the bankruptcy of the debtor is officially promulgated in the order established by this Act.
6. The peace agreement could be terminated in the event of non-compliance with a debtor of the peace agreement with no less than a third of the requirements of creditors within the collapse of the bankruptcy case.
7. The rosters of the peace agreement on a separate creditor do not burden its disburting against other creditors.
8. In the event of recognition of the peace agreement, the non-valid or disbursed creditor requirements for which the billing and/or payment of payments or forgiveness (write-offs) of debts are restored in full size in a dissatisfied part.
9. In the case of failure to comply with the peace agreement, the creditors may present their requirements to the debtor in the amount stipulated by this world agreement. In the event of a breach of the bankruptcy proceedings, the debt of creditors ' requirements for which a peace agreement has been concluded is determined within the limits stipulated by the world agreement.
Chapter VI
TERMINATION OF PROCEEDINGS
IN THE BANKRUPTCY CASE
Article 83. Termination of bankruptcy proceedings
1. The Court of Justice ceases the bankruptcy proceedings if:
1) The debtor is not listed on the Single State Registry of Legal Persons and Physical Persons-Entrepreneurs;
(2) The legal entity, which is a debtor, is terminated in accordance with the statutory order, which is the appropriate entry in the Single State Registry of Legal Persons and Physical Persons;
(3) The bankruptcy of the same debtor is the case of bankruptcy proceedings;
(4) A report is approved by the head office of the debtor in the order provided by the Act;
(5) A peace agreement is approved in the order stipulated by the Act;
(6) The approval of the liquidator report in the order provided by the Act;
(7) The debtor has fulfilled all obligations to creditors;
8) to a debtor after the official release of the announcement of a breach of failure in the case of its bankruptcy proceedings;
(9) According to the law, the case is not subject to consideration in the economic courts of Ukraine;
(10) Entrepreneurship-an entrepreneur who is a debtor, terminated in the established law of order made by the relevant entry in the Single State Registry of Legal Persons and Physical Persons;
(11) The master's court does not set signs of the debtor's insolvency;
12) in other cases stipulated by the law.
2. The bankruptcy proceedings may be terminated in cases stipulated by paragraphs 1, 2, 5, 9, and 10 of the first of this article, in all stages of the bankruptcy proceedings (before and after the bankruptcy recognition); in cases, The points stipulated by paragraphs 3, 4, 7, 8, and 11 of the first part of this article-only until the debtor was bankrupt, and in the case of paragraph 6 of the first of this article, only after the debtor's recognition of bankruptcy.
3. The discontinuation of the bankruptcy case has been removed.
4. In cases stipulated by paragraphs 4 to 7 of the first part of this article, the host court in the case of termination of proceedings in the case notes that the requirements of competitive creditors have not been claimed by the Act or rejected by the Act. The courts are considered to be extinguished, and the executive documents on their respective requirements are recognized as not subject to the implementation.
Chapter VII
THE PECULIARITIES OF THE INDIVIDUAL CATEGORIES OF BUSINESS ACTIVITIES
Article 84. General provisions
1. The relationship related to the bankruptcy of the entrepreneurial entities defined in this section is governed by the Law with regard to the features provided by this section.
Article 85. The peculiarities of the subjects of business activities that have public, other value or special status
1. Under consideration of the bankruptcy proceedings of an entrepreneurial activity, which has a public or other value for the Autonomous Republic of Crimea or the territorial community, the Council of Ministers of the Autonomous Republic of Crimea or the local government authority May refer to the master court with the petition not to apply to such a subject as stipulated by this Act of procedure and to stop the proceedings in bankruptcy proceedings.
2. Before the petition is attached to the decision of the Council of Ministers of the Autonomous Republic of Crimea, the decision of the local self-government council, accepted solely at its plenary session, about the disrespect of the relevant subject of the entrepreneurial activities of the stipulated the Act of Procedure and the termination of the proceedings against bankruptcy, as well as the guarantee of the satisfaction of all the requirements of the creditors for monetary obligations.
3. If the requirements of creditors such a subject of business activities will not be extinguished within the current and next calendar years, the Council of Ministers of the Autonomous Republic of Crimea or the local government authority is deprived of the right to The repetition to the host court, which is specified in this article by the petition, and the bankruptcy proceedings against the relevant subject of entrepreneurial activities are carried out on the general basis.
4. The subjects of entrepreneurial activity with special status according to this Act are urban and especially dangerous business entities.
A city-forming entity is recognized as a legal entity, whose number of workers with respect to members of their families is at least half the population of the administrative-territorial unit. A legal entity. The position of this article on the city-forming entities of entrepreneurial activity is also applied to the subjects of business activities, with the number of workers exceeding five thousand people.
Particularly dangerous subjects of entrepreneurship are recognized by the subjects of enterprise activities of coal, mining, atomic, chemical, chemical, chemical, other industries defined by the relevant Cabinet decisions. Ministers of Ukraine, the cessation of activities that require special measures to prevent harm's harm and the health of the citizens, the Mayans, buildings, the natural environment.
Evidence supporting the ownership of a debtor to the city-forming entities of entrepreneurial activity, the subjects of entrepreneurial activity with the number of workers over five thousand people or especially dangerous subjects of business activities, delivers to the court of the debtor.
5. During the proceedings against the bankruptcy of the city's city-forming entity, the participant in bankruptcy proceedings is recognized by the local self-government authority of the administrative-territorial unit. Participants in the proceedings against the bankruptcy of a city-forming entity of entrepreneurial activities may also be recognized as the central authorities of the executive branch.
When considering the bankruptcy proceedings, especially the dangerous subject of entrepreneurship, the bankruptcy proceedings in addition to the relevant body of local government is also recognized as the central executive body, to the competence of which belongs to the scope of the debtor, and for the need of the State Emergency and for the Protection of Population from the effects of the Chernobyl disaster, on environmental protection and nuclear Safety concerns, on geology and use.
6. The sale on the bankruptcy cases of entrepreneurial activities that have public or other value for the territorial community, the mystelas and especially dangerous subjects of business activities, are carried out solely in the A whole new complex.
If a result of the re-opening of the competition (competition), a whole new building has not been sold, the sale of property is done in parts. In this case, a list of such property would agree to a liquidator with the central authority or the authority of the local government or the Council of Ministers of the Autonomous Republic of Crimea, whose competence belongs to the scope of this enterprise- Go bankrupt.
7. The requirements of creditors of a particularly dangerous subject of entrepreneurial activity are satisfied in the order of the order specified by Article 45 of this Act, subject to the features established by this part, namely: third, also Requirements for reimbursement of the costs of preventing the use of life and health of citizens, property, buildings, natural environment in the order established by the Cabinet of Ministers of Ukraine.
8. The Cabinet of Ministers of Ukraine or of local self-government agencies in the person of their authorized bodies shall be entitled at any time before the settlement procedure of the institutions mentioned in this article by the subject of business activities to be calculated with all creditors in the of the order provided by the Act.
9. With obligations of a debtor-a subject of entrepreneurship or special status, could be provided by the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea or local government bodies, in person their authorized bodies, the breach in order and on the conditions prescribed by the law.
Under the breach, the person who is assigned to the debtor is responsible for the last of all his monetary obligations to the creditors.
10. A contract of infringement of the obligations of a debtor with a relevant statement is filed with the host court in writing.
A statement on the breach shall be noted as follows:
The sum of the monetary obligations of the debtor before the creditors;
There are documents that support the inclusion of a contractual obligation to the appropriate budget for the date of the application of the breach.
11. The debtor and its lieutenant are required to initiate calculations with creditors according to the schedule of repayment of the debt owed by the breach.
12. In the case of non-compliance with the order and the lines predicted by the schedule of repayment, creditors have the right to offer a claim to the dearer of unpaid sums in the order stipulated by the law.
13. A violation of the creditor of its obligations against creditors, possessing one third of all requirements to the debtor, may be the basis for early termination of procedures for the master of the debtor, the santation and the opening of the liquidation procedure.
Article 86. The peculiarities of agricultural enterprises
1. For the purposes of this Act, agricultural enterprises are understood by legal entities, the main activity of which is the cultivation (production, production and processing) of agricultural products, the proceeds from the implementation of the grown (produced, manufactured and recycled), agricultural products are at least 50 percent of the total amount of the proceeds.
2. The capacity of the bankruptcy of agricultural enterprises provided is also applied to fish farms, fishing kolkhozes, and proceeds from the implementation of cultivated (manufactured and recycled) agricultural products. The estimated aquatic biological resources accounts for at least 50 percent of the total amount of the virus.
3. In the case of sale of real estate facilities, which are used for agricultural purposes and are property of an agricultural enterprise deemed bankrupt, under other equal conditions preferable to purchase specified facilities. is owned by agricultural enterprises and farms located in the area.
To ensure the prevailing right of acquisition of property, a borderline guide sends a message about the sale of a debtor company, a property of borrowers who are engaged in the production or production and processing of agricultural products and Possession of a land area, directly adjacent to the debtor's land area, and published in the printed organ by the location of the debtor information on the sale of the debtor's company, its property with the value of the initial sale price A debtor's company, his property, which is on the market.
4. In the case of liquidation of the agricultural enterprise in connection with the recognition of its bankrupt decision on land that is the property of such an enterprise, granted to it in permanent or temporary use, including on loan; accepted according to Land Code of Ukraine .
5. The management of a financial situation of agricultural enterprise must be conducted with respect to the seasonality of agricultural production and its dependence on natural and climate conditions. also the ability to meet the requirements of creditors by income, which may be obtained by agricultural enterprises after the end of the respective agricultural work period.
6. The decision to address the petition to the master court on the sanation of agricultural enterprises is accepted by the creditors committee with the participation of representative body of local government.
Agricultural enterprise santation is entered into rows until the end of the appropriate agricultural work period is required to implement the grown (produced, manufactured and recycled) agricultural market. products. String assignments cannot exceed fifteen months.
7. The arbitration authority sells the property of the debtor to the person who has the right of its preferential acquisition, at a price defined on the trades. In the case of two or more applications such participants of the bidding contain proposals for the same price of property, the winner of the bidding is recognized by the participant of the bidding who previously applied for the bidding.
Article 87. The peculiarities of the insurers
1. In view of the bankruptcy proceedings, the participant in bankruptcy proceedings is determined by the central executive authority on the oversight of insurance.
The bankruptcy manager in the bankruptcy case must pass an examination of the bankruptcy program of the bankruptcy cases.
2. A violation of the bankruptcy proceedings may be filed with a debtor, creditor or other authorized by the authority.
3. The alienation of bordership insurance as a whole new complex is carried out in a procedure by the rules established by this Act.
When the liquidation procedure is conducted by liquidation, the insurer will only be sold if the buyer is agreed to hire a bankruptcy liability for the insurance contracts that the insurance case did not have before the day of recognition. The insurance is bankrupt.
4. The buyer of a whole property complex of an insurance can only be an insurance.
5. In the case of sale of a whole new insurance complex in a santation procedure, the buyer will transfer all rights and obligations under the insurance contracts that the insurance case has not had on the date of sale.
6. In the case of recognition by the health insurance court and the opening and opening of the liquidation procedure, all insurance contracts concluded by such insurance, whereby the insurance case is not given to the adoption of the specified decision, is terminated except in cases, This article is part of the third of this article.
7. Insurance contracts whose actions are terminated at the grounds stipulated by the sixth of this article will have the right to request the return portion of the insured insurance prize in proportion to the difference between the string on which the insurance premium was A statutory contract of insurance, and a construction that effectively acts a contract of insurance if the other is not provided by legislation.
8. Guards for insurance contracts, which the insurance case has come to the day of accepting the court's decision on the insurance of the insurance and the opening of the liquidation procedure, have the right to demand insurance payments.
9. In the case of recognition by the local court of insurance, the bankruptcy court and the opening of the liquidation procedure of creditor requirements for the first-queue insurance contracts are subject to pleasure in this order:
The first thing is the requirements for personal insurance contracts provided by part of the eighth of this article;
In the second part, the requirements of individuals under other insurance treaties are provided as part of the eighth of this article;
The third line is the requirements of the legal entities under other insurance treaties provided as part of the eighth of this article;
In fourth, the Personal Insurance Agreements stipulated as part of the seventh of this article;
In fifth, the requirements of individuals under other insurance contracts are provided as part of the seventh of this article;
In the sixth place, the requirements of the legal persons under other insurance treaties are provided by part of this article.
10. In cases of bankruptcy proceedings, a peace agreement can be approved by the economic court only after repayment of debt requirements for the first and second queues, debt requirements for insured persons, to the issuers, Insurance for mandatory insurance agreements, as well as requirements related to the reimbursement of compensation payments and costs due to the implementation of compensatory payments for compulsory insurance agreements.
Prior to the statement of the approval of the peace agreement, along with the documents stipulated by the first article 81 of this Act, there should be evidence of documents confirming the repayment of the debt specified in the paragraph of the first part.
Article 88. Financial features of professional securities market participants and joint investment institutions
1. When considering the bankruptcy proceedings, which are professional participants in the stock market and the joint investment institutions, the participant in bankruptcy proceedings is recognized by the National Securities and Stock Market Commission.
For the purposes of this article, an investor in securities is understood to be an investor in securities or securities, making a deal with a professional stock market, which according to this Act is recognized by a debtor or bankrupt.
2. Not regulated by this article features the bankruptcy procedure of professional stock market participants and joint investment institutions, and customer rights protection measures are established by the National Securities and Exchange Commission. The stock market is based on the agreement with the State Authority on Bankruptcy.
3. The order to prevent bankruptcy and conduct pre-trial rehabilitation procedures for professional stock market participants and institutions of joint investment is established by regulatory and legal acts of Ukraine.
4. The parent of the professional stock market participant and joint investment institutions must have a certificate issued by the National Securities and Stock Market Commission, on the right to exercise professional activities with securities. in Ukraine on enterprises that have an appropriate license from the National Securities and Stock Market Commission.
5. Property of property is required in a ten-day period from the day of its appointment to send the National Securities and Stock Commission and the clients of such a professional stock market participant and joint investment institutions. concerning the breakdown of the bankruptcy proceedings and the appointment of the orderly conduct. The message is noted to be the requisition of the certificate issued by the National Commission on Securities and Stock Market, and the customer is offered to give orders for actions that need to be committed by the offenders who have been concluded. a professional stock market member or an institution of co-investing, which is a debtor.
6. The securities, monetary funds and other property, which are owned by the clients of the professional stock market and joint investment institutions, are not included in the liquidation mass.
7. Since the introduction of the host court procedure of the debtor or the recognition of a professional stock market member and the institutions of joint investment, securities procedures are subject to the return of the client, if the other is not provided by the agreement of a guided sanitase or a liquidator with a client.
8. If the customer requirements for the return of the proper securities to the parent of the same international identification number exceed the number of such securities that are in possession of the professional stock market member and the institution of joint investment, the return of such securities to clients is carried out in proportion to their requirements.
The requirements of clients in dissatisfaction with their part are recognized by the monetary obligations and are met in the order of the Act stipulated by the Act.
9. During the course of the application of the professional securities market participant and joint investment institutions, the managing santation has the right to transfer securities transferred to such a professional securities market participant, another subject an entrepreneurial activity that has the appropriate license of a professional securities market participant.
10. The securities owned by the professional securities market and revolving on the organized securities market are subject to the sale of the trading organizer on the securities market.
In case the securities are not allowed to trade in the securities market, they are subject to the sale in the order set by article 44 of that Act.
Article 89. Features of the bankruptcy of the issuer or the management of mortgage certificates, the management fund of the construction fund or the management fund of the real estate
1. In case of breach of bankruptcy proceedings against the issuer or mortgage management of mortgage certificates, mortgage assets are not included in the liquidation mass of such an emitent or managing director. The assets of these assets are carried out in accordance with mortgage lending legislation, consolidated mortgage debt and mortgage certificates.
2. In case of a bankruptcy proceedings against the Office of the Office of the Office of the Fund for the Fund for the Construction or Managing of the Fund for Real Estate and Property, not included in the liquidation mass such a manager. Orders of these costacks and property are carried out in accordance with the legislation on financial and credit mechanisms and property management in the construction of housing and real estate operations.
Article 90. General provisions for the bankruptcy of a physical person-an entrepreneur
1. Rules stipulated by this article apply to relations related to the recognition of a physical person-an entrepreneur.
2. The basis for recognition of a physical person is his failure to satisfy the requirements of creditors on the monetary obligations of a/or to carry out a duty to pay mandatory payments.
3. A violation of the bankruptcy proceedings of a physical person-an entrepreneur may be filed in a business court by a physical person-an entrepreneur who is a debtor or his creditors.
A statement on the violation of the bankruptcy case-an entrepreneur may apply to creditors, except for creditors whose requirements are due to harm ' s harm and the health of citizens, creditors who have requirements. concerning the lesion of alimony, as well as other personal character requirements.
Creditors whose requirements are related to the obligations arising from the harm to the life and health of the citizens, creditors who have the requirements for the treatment of alimony, and other obligations under the obligations inextricably linked to the creditor's identity, have the right to claim their demands during the bankruptcy proceedings.
4. Prior to the statement of the physical person, an entrepreneur about the breach of bankruptcy proceedings can be added to a plan to pay off his debts, copies of which are sent to creditors and other participants of the bankruptcy proceedings.
If the denial of creditors is absent, the court may approve the debt repayment plan, which is the basis for a halt to bankruptcy proceedings for no more than three months.
5. The debt repayment plan should include:
the size of the amount that every month remains a debtor-a physical person-an entrepreneur and members of his family for consumption;
the size of the amount that will be provided monthly to pay off the requirements of the creditors.
6. The Lord's Court is entitled to be motivated by the petition of the failure of the bankruptcy proceedings of a physical person-an entrepreneur to change the plan of paying debts, including to increase or decrease the lines of his execution, the size of the sum which is monthly remains a debtor and members of his family for consumption.
7. If the debtor of the plan to pay the debt repayment plan is satisfied in its entirety, the bankruptcy proceedings will cease.
8. In the case of recognition of a physical person, an entrepreneur is bankrupt to the composition of the liquidation mass is not included in the property of a physical person-an entrepreneur, which according to the civil procedural law of Ukraine cannot be addressed to the charge, and the property that He is in charge of the grounds that are not related to the work of such an enterprise.
9. The Court of Justice has the right of a motivated petition to a physical person, an entrepreneur and other members of the bankruptcy proceedings, to exclude from the liquidation mass of a physical entity, an entrepreneur which according to a civil war. The procedural law may be addressed to the charge if the property is a non-liquidation or income from the implementation of which substantially will not affect the satisfaction of creditors ' requirements. The total cost of the property of a physical person-an entrepreneur that is excluded from the liquidation mass according to the provisions of this part, cannot exceed six and a half thousand hryvnias.
A physical-person list is an entrepreneur that is excluded from the liquidation mass according to the provisions of this part, is approved by the host court, to be published, which may be challenged in the prescribed order.
10. The rights of a physical person-an entrepreneur associated with alienation or passing another way of property of a physical person-an entrepreneur to an interest in a year before a violation of bankruptcy proceedings may be recognized The Court of Justice is invalid on the claims of creditors.
Article 91. Review of the economic court case for the bankruptcy of a physical person-an entrepreneur
1. Simulously, with the acceptance of allegations of the bankruptcy proceedings of a physical person, an entrepreneur will arrest the property of a physical person, an entrepreneur, except for property which according to the legislation of Ukraine cannot be addressed. The charge and property is not related to the work of such an enterprise.
According to a physical entity, an entrepreneur may be freed from the arrest of the property (part of property) in the event of a contract of infringement or other provision of obligation of a physical person-an entrepreneur of the third person.
2. According to a physical entity, an entrepreneur may postpone the bankruptcy proceedings for no more than two months to conduct a physical entity, an entrepreneur with creditors or a peace agreement.
3. In the presence of heritage opening information in favour of a physical person, an entrepreneur has the right to stop the proceedings against bankruptcy in order to address the established law on heritage law.
4. If the set of the second term in this article is a physical entity, the entrepreneur is not given any evidence to meet the requirements of creditors and the specified lines are not concluded by the peace agreement, the host court recognizes the physical person-the entrepreneur and the Opens the liquidation procedure.
5. From the day of the adoption of the host court, the regulation on recognition of a physical person-an entrepreneur in bankruptcy and the opening of the liquidation procedure:
The execution lines of a physical-person commitment-an entrepreneur are considered to be the one that has become;
The non-profit (penalty, penny), interest and other financial (economic) sanctions on all obligations of a physical person is an entrepreneur, apart from obligations unrelated to such a person of entrepreneurship;
" An entrepreneur is stopped from a physical person-an entrepreneur by all the executive documents, except for executive documents on the demands of alimony, and on the requirements of the damages, the living and health of the citizens, and the Requirements not related to such a person's activities.
6. In order of the recognition of a physical person-an entrepreneur-an entrepreneur and the opening of the liquidation procedure, the Court appoints the liquidation of the liquidation in the order established by this Act for the purpose of the property of the property.
7. The liquidator opens a special bank account on which funds received from the sale of property are bankrupt, and calculations with the creditors of the bankrupt are carried out.
8. The official publication of the report on the recognition of a debtor is bankrupt and the opening of the liquidation procedure is carried out in the order established by the Act, indicating a string of the requirements creditors to go bankrupt, which cannot exceed two months.
9. Since the establishment of the host court, the decision on recognition of a physical person is bankrupt and the discovery of the liquidation procedure loses the force of the state registration of a physical person as a private entrepreneur, and also annoyance of it. licenses for the purpose of individual business activities.
10. The sale is subject to all property of a physical person, an entrepreneur, except for property that is not included in the liquidation mass, unless otherwise provided by the Act.
Article 92. Features the satisfaction of the requirements of the creditors of a physical person-an entrepreneur recognized by bankruptcy
1. The Court of Justice shall consider the requirements issued by creditors or borrowers, in the row provided by part of Article 91 of this Act. With the consequences of considering the requirements of the court, the court will make the decision and the size of the requirements of creditors.
2. To meet the requirements of creditors of funds made to a special bank account, reimburse costs related to the bankruptcy proceedings of a physical person-an entrepreneur and the execution of a master's court of recognition The physical person is a bankrupt businessman. The requirements of creditors are met in such a draw:
First, the requirements of creditors under the obligations provided by the staff of the physical entity are provided by an entrepreneur; the requirements of the citizens to which the individual is responsible for causing harm to the life and health of the citizens; by capitalizing on the relevant periodic payments, including to the Social Insurance Fund on the production and professional diseases of Ukraine for the citizens insured in this Fund in the order established by the Cabinet Minister of Ministers of Ukraine, requirements for the payment of alimony; (a contract) and the payment of the copyright, and the payment of the requirements arising from the obligations of the insurance contributions to the public Pension and other social insurance;
The second is the requirement for tax and fees (compulsory payments);
The third step is to deal with other creditors.
The requirements for each subsequent queue meet after the completion of the previous queue requirements.
Due to lack of funds to meet the full scope of all the requirements of one queue, the funds are distributed among the creditors of the respective queue proportionately to the sum of their requirements.
3. After completing calculations with creditors, a physical person-an entrepreneur recognized by bankruptcy is exempt from further execution of the monetary requirements of creditors declared after the physical person's recognition-an entrepreneur bankrupt, except for the requirements, stipulated by the paragraph of the third part of the third of this article.
The requirements stated after the end of the line set by Part 8 of Article 91 of this Act shall be held in the last line.
Creditor requirements for damages, indemnity and health of citizens, bond requirements, and other personal nature requirements that were not satisfied in the order of the office of the Master Persons bankrupt or who are repaid in part or not claimed after recognition of a physical person are bankrupt, may be announced after the end of the proceedings against the bankruptcy case-an entrepreneur according to its entirety or in dissatisfied their part in the order established by civil law.
4. The release of a physical person-an entrepreneur from a commitment to the first and second part of the third of this article shall not be allowed if the court decision granted a legitimate force, the debtor is brought to a criminal or administrative state. responsibility for non-legal action related to bankruptcy, intentional or fictitious bankruptcy, if such offences are committed in the bankruptcy case.
5. The Lord Court is motivated by a petition to anyone from participants in bankruptcy proceedings, an arbitration manager, or by an individual initiative not to allow the release of a physical person-an entrepreneur from a commitment if a debtor:
The obligation to pay off the debt repayment is required;
did not provide necessary information or provided inappropriate information to the court which is considering bankruptcy proceedings.
6. On the prohibition of the release of a physical person, an entrepreneur from an obligation to stop the proceedings against the bankruptcy proceedings shall be issued by a decision subject to immediate execution.
7. For five years after the recognition of a physical entity, an entrepreneur could not be in breach of bankruptcy proceedings for his statement.
Motivated by the creditor of the creditor's first and second parts of the third of this article, the rules on the dismissal of the debtor do not apply if the physical person is an entrepreneur during the given period. will be declared bankrupt.
8. For three years after the recognition of a physical person-an entrepreneur-an entrepreneur, this person cannot be registered as a person-an entrepreneur, to acquire a property, or cash funds in a loan, to conclude a contract of infringement, transfer property to bail.
9. The rules stipulated by part eight of this article do not apply to a physical person-an entrepreneur if the debtor has completely paid off all debts.
Article 93. Property of farmhouse bankruptcy
1. A basis for the recognition of a farming farm is its failure to satisfy within six months of the end of the respective agricultural work of the creditors ' requirements for cash obligations and/or obligations on the payment of taxes and fees (compulsory payments), insurance contributions to the general public pension and other social insurance, the return of the unused funds of the Social Insurance Fund with temporary loss of employment.
2. An entrepreneur is a farmer's head of the bankruptcy violation of the bankruptcy proceedings to apply to the host court for the presence of a written consent of all members of the farm.
The statement is signed by the head of the farm.
3. Prior to the statement of the Head of the Farm on Bankruptcy Violations, the documents that contain information include:
The composition and cost of farm property;
concerning the composition and cost of the property, which belongs to members of farming on the right of property;
about the size of income that can be obtained by farming after the end of the relevant agricultural work period.
The stated documents are added to the farmer's head until the creditor is filed with a creditor of the breach of the bankruptcy proceedings.
4. A two-month-long term of farm farming from the day of the decision of the House of the State of the State of the Republic of the Republic of the Republic of the Republic of the Republic of Korea may be submitted to the Court of Agriculture. Security.
5. In case of the exercise of the measures provided by the rehabilitation plan of the agricultural sector will give farm farms, in particular by income that can be obtained by farming since the end of the year. A suitable period of agricultural work, paying the requirements for monetary obligations, the master's court is the procedure for the possession of the master farm.
On the introduction of the procedure for the possession of the master farm, the host court has been removed.
6. The management procedure of mine farming is imposed on the end of the appropriate agricultural work period, given the time required to implement a grown (manufactured and recycled) agricultural sector. products. String assignments cannot exceed fifteen months.
7. The Government of the Government of the Farm may be suspended by the Court of Justice for a statement of the property of the property or any of the creditors in the case of:
Non-performance of the measures stipulated by the plan to restore the solvency of farm farming;
In other circumstances, evidence of the failure to restore the solvency of farmers.
After an early termination of the procedure for the farm farm, farm farming is recognized by the Department of Agriculture and the liquidation procedure is being opened.
8. For the conduct of the procedure for the master of the farm, the master's court is prescribed by the disorderly of the property in the order established by this Act.
9. In the case of recognition by the farm court, the bankruptcy and the opening of the liquidation procedure for the liquidation mass of the farm are included in the real estate of the members of the farm. the farms, including the infusion, the host and other buildings, meliorative and other facilities, productive and working livestock, poultry, agricultural and other equipment and equipment, vehicles, inventory, and other property acquired for the farming sector. On the common funds of its members, as well as the right to lease land the sites and other property rights that belong to the farm host and have a monetary assessment.
10. In the case of farm bankruptcy, a land area provided by farming in temporary use, including on loan conditions, is used in accordance with the Land Code of Ukraine .
11. Mainly belonging to the head and members of a farm on the right of private property, as well as other property which has been proven to be acquired by income that is not in common ownership of farm members, are not included in the composition of the liquidation mass.
12. Real estate, as well as property rights regarding real estate, which are included in the liquidation mass of farm farms, can only be sold at auction, mandatory conditions of which is to preserve the target destination. Agricultural objects sold.
13. From the day of the adoption of the regulation on farm recognition, the bankruptcy and the opening of the liquidation procedure of farming ceased.
14. The Court of Justice sends a copy of the decree on the recognition of farmland by bankruptcy to the body, which carried out public registration of farming, and the local self-government for the whereabouts of farm farming.
Article 94. He's the boss of the debtors.
1. The debtor's manager has the right to submit to the order established by this Act, a bankruptcy violation of the debtor of the debtor for the purpose of conducting a bankruptcy procedure for submission to creditors of allegations of bankruptcy violations for such purposes. Conditions:
In the presence of a decision by the authority under which the debtor or the establishment of the debtor documents the right to make a decision to appeal to the office of the debtor of the debtor of the debtor, and in case of Such powers are not defined, in the presence of the debtor's decision, whose decision is made to decide on the reorganization or liquidation of the debtor;
with a plan for the santation and written consent of creditors, the total sum of the requirements of which exceeds 50 per cent of the creditor debt according to its accounting, the implementation of the specified plan and to the appointment of a The debtor's office.
2. To conduct santation of the debtor, his supervisor with regard to the features provided by this article, the head of the debtor addresses in the Law order in the court order, with a statement on the violation of the bankruptcy case. The head of the debtor's statement adds a plan to sanate the debtor, with the consent of the creditors, given the consent of its conduct, the written consent of the creditors on the appointment of a debtor of the debtor's office, and a proposal for the candidature of the order of the estate.
3. After considering the statement of the debtor in case the statement and added documents meet the requirements established by the Act, the trial is not later than five days from the day of its accession, with the approval of the adoption of allegations of misdemeanour in the case of the debtor. The date of the preparatory hearing of the court is indicated.
In the adoption of the application, the Court of Justice has the right to have a claimant, debtor, and other members of the proceedings to provide a court of additional information necessary to address the issue of the bankruptcy proceedings.
The preparatory meeting of the court, which has verified the validity of the applicant's requirements, as well as finding the grounds for breach of bankruptcy proceedings, conducted a month of sentencing on the day of the sentencing. Breach of the bankruptcy case.
According to the validity of the validity of the applicant's requirements to the debtor, the court decides to:
Breach of bankruptcy proceedings and the opening of a procedure for sanation, the introduction of a moratorium on the satisfaction of creditor requirements and the appointment of the property of the property in the order established by this Act, and the management of the debtor-the head of the debtor According to the requirements of this Act, subject to the features provided by this article;
Failure to breach bankruptcy proceedings.
After the leadership of the debtor, his employment relationship with the labor force stops at the time of the control of the administration.
The head of the debtor is the head of the debtor's authority under this Act.
In the case of a debtor of inappropriate information about the main assets of the debtor or the inability to recover the solvency according to a plan of sanation, the possible introduction of the liquidation procedure is possible.
4. Official disclosure of the announcement of the bankruptcy proceedings and the opening of the santation procedure is carried out on the official website of the Supreme Court of Ukraine on the Internet.
5. The message should contain information about:
Breach of the bankruptcy of the debtor and the opening of the santation procedure;
the total naming of the debtor, its location, the reps of its accounts in the institutions of the banks;
The identification code of the debtor according to the Single State Registry of Legal Persons and Physical Persons-Entrepreneurs;
The manager of the debtor is the head of the debtor and the debtor of the debtor.
6. Concourse creditors on requirements that have arisen before the day of breach of bankruptcy proceedings are required to apply to the host court in the monthly line from the day of the official disclosure of the issue of violations of bankruptcy proceedings and the opening of the procedure for sanation of written statements with the requirements of the debtor, as well as the documents confirming them and/or the denial of creditors against the conduct of the debtor procedure.
String assignments are marginal and resuming is not subject to date.
Individuals whose requirements are stated after the end of the line set for their submission or not to be stated at all, are not competitive creditors, and their requirements are repaid in the sixth queue in the liquidation procedure.
7. The management of the debtor-the head of the debtor, together with the discretion of the property, are required in accordance with the requirements of this Act to consider the requirements of creditors and to register the creditors ' requirements by informing the results of the claimants and the court.
8. The Court of Justice in the order provided by this Act considers the registry of creditor requirements, the requirements of creditors concerning which the debtor was denied and which were not listed in the creditors ' requirements register. According to the results of the judicial review, the decision of the Court of Justice, which marks the size of the recognized court requirements, approves the register of creditors 'requirements and determines the date of the creditors' meeting.
9. The conduct of the meeting of creditors, the formation and activities of the creditors committee is defined by this Act. A creditor committee in the lunar line from the date of its formation must submit to the court of approval of the debtor's sanal plan.
10. The Court of the Lord approves a plan to sanate the debtor, which has been worn out, which may be challenged in the prescribed order. The debtor is set to begin the santation plan after his approval by the court.
11. If the debtor's bankruptcy case is violated by creditor (creditors), the creditors committee shall appeal to the host court with the petition to appoint a debtor's office as well as the order of the property in order, The Act is established. The administration of the estate and property of the property act according to the requirements of this Act, given the features provided by this article.
12. The management of the debtor is the head of the debtor and receives a salary in the same amount in which he received it prior to the appointment of a managing santion.
13. By providing a committee of creditors or a debtor of a property or an initiative of a host court, the head of the debtor may be dismissed by the office of the court of office.
The dismissal of the head of the debtor from the fulfillment of his authority over the administration of the debtor deprives the leader of the debtor to carry out the debtor's sanal.
14. The Office of the property continues to fulfil its duties during the management of the administration-the head of the debtor's debtor.
15. In the case of failing to execute a debtor plan or if it becomes apparent that the plan to do a debtor's santation plan will not result in the recovery of its solvency, the bankruptcy procedure is carried out in accordance with this Act, that the host court shall be removed I did.
Article 95. Features of the application of bankruptcy procedures to the debtor's owner
1. If the cost of a debtor's property is the legal person whose decision to liquidate is not enough to meet the requirements of creditors, such a legal entity is liquidated in the order stipulated by the Act. In the event of detection of specified circumstances, the liquidator (liquidation commission) is required to appeal to the host court with a statement of violations of the bankruptcy proceedings of such a legal entity.
The mandatory requirement for an appeal to the host court with a statement on the bankruptcy violation is compliance with the debtor of the order to eliminate the legal person according to the legislation of Ukraine.
2. According to the review of allegations of a violation of the law on the bankruptcy of a legal entity that is not enough to meet the requirements of creditors, the host court acknowledges a debtor who is liquidated, bankrupt, opens the liquidation procedure, appoints The liquidator in the order established by this Act for the purpose of the property of the property. The liquidator duties may be placed on the head of the liquidation commission (liquidator) regardless of the presence of an arbitration control. The issue of the bankrupt recognition issue is carried out in a court trial that is held not later than fourteen days after a violation of the proceedings in a general order defined by the Act.
3. Creditors have the right to declare their demands to the debtor, which is liquidated, in the lunar row from the day of the official publication of a debtor recognition that is liquidated, bankrupt, on the official website of the High Master Court of Ukraine in the Internet.
String assignments are marginal and resuming is not subject to date.
Persons whose requirements are stated after the end of the line set for their submission, or not at all, are not competitive creditors, and their requirements are repaid in the sixth line.
4. In case the bankruptcy case is broken by the owner of the debtor's property (authorized by him), which was submitted to the liquidation commission (the appointment of the liquidator), the bankruptcy proceedings shall be carried out without regard to the features, To be foreseen by this article.
5. The non-compliance of the requirements stipulated by the first article of this article is the basis for the rejection of the abolition of the legal entity to the Single State Registry of Legal Persons and Individuals.
6. The owner of the debtor (authorized by him), head of the debtor, the head of the liquidation commission (liquidator), which allowed the violation of the requirements of the part of the first of this article, carry out the solidarity responsibility of the creditors ' demands.
The issue of violation by owner of the debtor (authorized by him), head of the debtor, the head of the liquidation commission (liquidator) of the requirements of the first of this article is subject to trial by the Court of liquidation of the liquidation procedure. according to this Act. In the event of detection of such violations, this is noted in a host court approval of the liquidation balance and the liquidator report bankrupt, which is the basis for further appeal of creditors to the owner of the debtor (authorized by him). (c) The head of the debtor, the head of the liquidation commission (the liquidator).
Article 96. The features of the bankruptcy of state enterprises and businesses, in the statutory capital of which the proportion of state ownership exceeds 50 percent
1. The debtor is required to provide the master's court evidence supporting the belonging of a debtor to state enterprises or businesses, in a statutory capital of which the proportion of state property is greater than 50 per cent.
2. The Cabinet of Ministers of Ukraine takes measures to prevent the bankruptcy of state enterprises and businesses, in statutory capital of which the share of state property exceeds 50 percent, determines the optimal ways to restore their solvency. Coordinates the actions of the relevant authorities.
3. Executive authorities make decisions on: the feasibility of providing public support to non-paying enterprises; to develop measures aimed at ensuring the protection of the interests of the state and choosing the optimal ways of restructuring and Repayment of debt obligations; conducting an analysis of the financial state of the debtor, its santation and approval of the santation plan; the expediency of the exclusion of relevant business entities from the list of enterprises which are subject to the rights of state property which are not are subject to privatization and the application of sanal or liquidation.
4. The provisions of this Act shall apply to legal entities-enterprises, which are entities of the law of state property that are not subject to privatization, in part of the santation or elimination process after the exclusion of them in the list of such facilities.
5. In order to prevent the bankruptcy of state enterprises and businesses, by statutory capital, the proportion of state ownership exceeds fifty percent, may apply to a breach in the order specified by the ninth-thirteenth article 85 of this Act.
6. In violation of the bankruptcy proceedings under the debtor's statement and the opening procedure of his supervisor is not a basis for the termination of the authority of the body authorized to manage the debtor's office, in relation to the management of the relevant State Property.
7. In case the debtor is a state enterprise or an enterprise, in a statutory capital of which state ownership exceeds 50 percent, the host court is involved in the bankruptcy case of representatives of the body authorized to govern. A state major, with reports of violations of the bankruptcy of such an enterprise.
8. In case of a breakdown of the bankruptcy of a state enterprise or enterprise, in the statutory capital, which share of state ownership exceeds 50 percent, participation in creditors and the work of the creditors committee can take The right of advice to the representatives of the authority authorized to administer the state property.
9. The responsibility of managing santation, liquidators of state enterprises and businesses, in a statutory capital of which a share of state property exceeds 50 per cent, is carried out by a host court for the participation of an entity authorized to manage the state Mine.
10. The termination, continuation of the authority and dismissal of duties of managing santion, liquidators of state enterprises and businesses, in the statutory capital of which the proportion of state ownership exceeds 50 per cent, shall be carried out the Court of Justice for the presence of the Act and the order established by this Act.
11. This article does not apply to legal entities-enterprises, which are objects of property of the Autonomous Republic of Crimea and communal property.
12. Plans, peace agreements and the transfer of liquidation masses and changes and additions to them in cases of the bankruptcy of state enterprises or enterprises, in the statutory capital of which the share of state property exceeds 50 per cent, are subject to With the approval of the authority authorized to administer the state property. In the absence of such an agreement, the santation plan and the peace agreement approved by the host court are not subject to, and included in the list of liquidation mass of the property could not be realized.
13. The initial value of property, property rights of state enterprises or businesses, in a statutory capital of which state ownership exceeds 50 percent, is determined according to Law of Ukraine "On assessment of property, property rights and professional assessment activities in Ukraine" .
14. Copies of court decisions in the bankruptcy cases of state enterprises or enterprises, in statutory capital of which the share of state property exceeds 50 percent or on the balance of which is the facilities of state property, Privatization (corporatization) did not enter into the statutory capital of these enterprises, except for other participants, sent to the body authorized to manage the state property.
Chapter VIII
ARBITRATION CONTROL (REAGENT OF THE PROPERTY, CONTROL SANTION, LIQUIDATOR)
Article 97. Requirements for arbitration control (property of property, control santion, liquidator)
1. An arbitration authority (a reagent of property, control of sanation, liquidator) may be a citizen of Ukraine who has a full degree of law or economic education, stagnation of no less than three years or one year in senior positions after receiving Full of higher education, underwent training and internships for six months in the order established by the State Authority for Bankruptcy, possesses the state language and compiled a qualification examination.
In businesses that fail the state secret, an arbitration control (a property agent, a control of the santion, a liquidator) must have a state secret, and in case it is absent-get such a clearance from the government. in the order of law.
2. It cannot be an arbiter control (a reagent of property, control of sanation, liquidator) person:
1) which is recognized by the court is restricted or incapacitated;
2) which has a criminal record for committing a corrective crime;
(3) which is not capable of carrying out the duties of the arbitration manager for health;
4) to which the heads of office is prohibited;
5) which is denied admission to a state secret or abolished prior to the admission of legislation in the area of public secrecy, if such admission is necessary to fulfill the duties defined by this Act, in case of The time of such a failure or cancellation has been less than a year.
3. The arbitration control (the solvent of the property, the control of the santation, the liquidator) has the identification and seal, description and order of the use of which establishes the State agency for bankruptcy.
4. The arbitration control (the solvent of the property, controlling the santion, the liquidator) shall be promoted once every two years to increase the qualification in the order established by the State Agency for Bankruptcy.
Article 98. Rights and duties of the arbitration authority (property of property, administration of sanation, liquidator)
1. An arbitration control (a reagent of the property, control sanation, liquidator) enjoys all the rights of the estate, managing the santion, the liquidator according to the legislation, including the right to:
(1) To appeal to the host court in cases prescribed by this Act;
(2) convene a meeting and a committee of creditors and to participate with the right to vote;
(3) Receive the award in size and order stipulated by the Act;
4) to be involved in ensuring the fulfillment of its obligations on the contractual basis of other persons and specialized organizations with payment of their activity through a debtor unless otherwise established by the Act or Agreement with creditors;
5) ask and receive documents or copies of their copies from legal entities, public authorities, and local government bodies and from individuals under their consent;
6) receive information from the public registry by directing official requests to the holder or administrator of the relevant registry;
(7) to apply to the host court a statement on the early termination of their powers;
(8) To exercise other powers provided by the Act.
2. The arbitration control (dissent of the property, control of the santion, the liquidator) shall be:
(1) To steadily comply with the requirements of the legislation;
(2) To carry out measures to protect the property of the debtor;
(3) analyse the financial, economic, investment and other activities of the debtor, its position in the markets and provide the results of such analyses of the host court along with documents confirming the relevant information;
4) to submit information, documents and information on the activities of the arbitration manager (property of the property, control santion, liquidator) in the order established by the law;
(5) To create conditions for the conduct of inspection of the arbitration control (the order of property, control of the santation, liquidator) requirements of the legislation;
(6) To exercise measures to ensure public secrecy in accordance with the established legislation of requirements;
7) in the order established by the legislation, to grant the State Authority on Bankruptcy Information needed to conduct the Single Register of Enterprises on which the failure of bankruptcy proceedings was violated;
8) to send internal bodies or authorities to the prosecutor ' s office on the facts of the legality of the law, identified in the activities of workers of enterprises and organizations containing signs of action (inactivity), persecuted in criminal or Administrative order;
9) carry out other powers stipulated by the bankruptcy legislation.
3. During the implementation of their rights and obligations a arbitration control (a disorderly property, a managing santion, a liquidator) is required to act in good faith, prudent, with the goal of which these rights and duties are granted (relied), justified, i.e. subject to all the circumstances relevant to the decision (act of action), on the grounds, within and the way that the Constitution and the Constitution of Ukraine on Bankruptcy.
4. The arbitration rule (the disorderly of the property, managing the santion, the liquidator) is forbidden to dissolve the information that has become known in relation to his activities, and to use them in their interests or interests of the third person.
The duty to preserve this information is also extended to individuals who are administered by an arbitration governing body (a suborder of property, control of the santion, liquidator) in the labour relations, as well as on other persons who have access to the specified information.
5. The information specified in part four of this article, an arbitration control (a disorderly of a property, a control santion, a liquidator) can only be given to other individuals in cases and order established by law.
Article 99. The independence of an arbitration control (dissent of property, control santion, liquidator)
1. Under the exercise of its own powers, the arbitration control (the disorderly of the property, the control of the santion, the liquidator) is independent.
2. In the case of detention, the authorized body of an arbitration authority (a warrant of property, managing santion, a liquidator) or a violation of the criminal case of a body made detention or violating a criminal case is required immediately. Report of the Secretary-General on the issue of bankruptcy.
3. The excommunication of documents in an arbitration control (a rebound of property, control santion, liquidator) is allowed only by the decision of the court in order provided by the law.
Article 100. Assistant to the arbitration manager (property of property, control santion, liquidator)
1. An arbitration control (a reagent of a property, a controlling santion, a liquidator) may have an assistant (assistants) based on the contract of employment (contract).
2. An assistant to an arbitral manager (a property of the property, managing santion, liquidator) may be a citizen of Ukraine who has a full degree of law or economic education and possesses a state language. There can be no assistant to the person who has a criminal record for committing a corrective crime, as well as a person recognized by a court of incapacitation (restricted to a dignitary).
3. The work and adoption of the assistant is the exclusive right of the arbitration authority (property of property, control santion, liquidator). In this case, the arbiter is required to check the identity of the article.
The rights, duties, responsibility of the assistant arbitration authority are defined by this Act and the Contract Employment Contract (contract), which is laid out between the arbitration control (the division of property, control of the santion, liquidator), and an assistant.
4. An Assistant to the Arbitary Manager (the solvent of the property, manager of the santion, the liquidator) provides assistance to the arbitration control (the solvent of the property, managing the santion, the liquidator) when the platter is restored The debtor or the recognition of his bankrupt and executes an errand of the arbitration authority (the debtor of the property, control of the santation, the liquidator) to ensure the implementation of his or her powers.
The stage of work as an assistant arbitary control (the parable of the property, control of the santion, the liquidator) is attached to the internship line.
5. The internship of an arbitration control (a property of property, control sanata, liquidator) is six months. After the completion of this line, an arbitration control (a property agent, managing sanation, liquidator) holding the internship, prepares a review of the internship and sends it to the qualification commission to address the admission issue. A qualification exam.
6. An Assistant to an arbitral manager (a property of a property, managing santion, liquidator) cannot engage in business (mediation) or advocacy, hold positions in state power or local government, or other legal entities, and perform other paid work other than teaching, scientific and creative activities.
Article 101. Qualification Commission
1. The Qualification Commission is formed by the State Bankruptcy Authority to verify special knowledge of persons who claim to carry out the activities of the arbitration authority (property of property, control sanaise, Liquidator).
2. The qualification commission consists of seven persons, three of whom are appointed by the order of the head of the State Agency for Bankruptcy, and four are elected by the self-governing organization of arbitration controls.
3. Ochoolates the qualification commission the head of the State Body for Bankruptcy or the responsible person responsible for the specified body.
4. The Qualification Commission forms the schedule of the qualification examinations; conduct qualification examinations; approve the results of qualification examinations; considering complaints about the results of qualification examinations; taking decisions on issuing certificates The right to carry out the activities of an arbitration authority (property of property, control santion, liquidator).
5. The decision of the Qualification Commission is accepted at its meeting by voting by a simple majority of votes from the number of members present at the meeting of the members of the commission. The qualification commission is considered a plenipotentiary in case of the presence of at least five members of the commission.
6. The decision of the Qualification Commission is formalized by a protocol signed by all members at the meeting of the members of the Commission.
Article 102. Qualification exam
1. The person who intends to obtain a certificate of the right to exercise an arbitration manager (property of property, control santion, liquidator), gives a qualifying commission a suitable statement with documents confirming compliance with the law. In this case, the Law Requirements for the Arbitary Control Act.
2. The Qualification Commission checks the credibility of the documents and information given by the person, whereby the decision of admission or abandonment of the qualification exam is taken.
3. The exam is conducted by automated anonymous testing. The order of the qualification examination and the list of questions issued for the qualification examination shall be approved by the State Agency for Bankruptcy. The decision of the qualification commission is decorated with a protocol signed by all present at the meeting of the members of the commission.
4. A person who did not pass a qualification exam may submit a statement of his re-assembly no sooner than six months later.
Article 103. Obtaining the rights to implement the activities of an arbitration manager (property of property, control santion, liquidator)
1. According to the results of the compiled qualification exam, the qualification commission is recommended for a ten-day period recommended by the State Agency for Bankruptcy, which drafted the qualification examination, the right to implement arbitration control activities. (man) (man of the property, the manager of the sanitum, the liquidator).
2. The State agency for bankruptcy not later than on the tenth day on the day of the recommendation of the qualification commission issued a certificate of the right to implement the activities of an arbitration manager (property of property, control santion, liquidator) and will write to the One Register of Arbiter Controls of Ukraine.
3. The certificate of the right to carry out the activities of an arbitral control (a rebound of property, control santion, liquidator) is issued without limitation of the line of action.
Article 104. The only registry of the arbitration managers (the dissent of property, control, and liquidators) of Ukraine
1. The only register of arbitration managers (property of property, management of gas, liquidators) of Ukraine is formed by the State Agency for Bankruptcy.
2. The only register of arbitration managers (property offices, control offices, liquidators) of Ukraine contains information about: surname, name and by parent of arbitration control; date of issuance and number of the right to exercise The arbitration control (disorderly conduct, management of the santation, liquidator); the date and number of the decision of the qualification commission; the date and number of the decision of the disciplinary committee on the arbitration control board; Disciplinary charge; date and number of termination decision The arbitration control (dissent of property, control santion, liquidator), etc.
3. Access to the information of the United States Army of Arbitration Manager (s) of the State Authority on the official website of the official website of the State Authority on Bankruptcy search, viewing, copying and printing on the basis of common web reviewers and editors without the need to apply specially created technology and software tools and without limitation and charging.
Article 105. Disciplinary misconduct by arbitral managers (property ordinators, management of sanation, liquidators)
1. Disciplinary misconduct of arbitration managers (property ordinators, management of sanation, liquidators) is the fault of the non-execution or non-compliance of the duties of an arbitration manager (property of property, control santion, liquidator).
Article 106. Control of the activities of arbitration managers (property ordinators, management of santing, liquidators)
1. Plan checks are carried out over a period of no more than two years at the site of the state authority on bankruptcy or the subject with which the arbitration control (the solvent of the property, control santation, liquidator) performs. their powers, or in the premises where the office of the arbitration authority is located, with the mandatory message of the arbitration manager about the time and place of the inspection. An arbitration control (a property handle, a control santion, a liquidator) is required to provide individuals, authorized to conduct inspection, information, documents, and their copies to engage in inspection materials. Repeated validation on issues that were already under review are not allowed. Previous periods previously tested may not be the subject of subsequent inspections, except for inspections of physical or legal appeals.
2. The visa-free and non-driving inspections shall be carried out on the appeals of citizens or legal entities if the need for additional control by the State Authority on Bankruptcy is required. In order to conduct an unsolicited inspection, the state agency on bankruptcy sends an arbitration authority (property-order, managing santation, liquidator) a written request within the subject of an appeal. In a specified request, an arbitration control line (a property agent, a control santion, a liquidator) sends the state authority on the bankruptcy questions to the motivated response and copies of the relevant documents.
3. The checks are attended by representatives of the State Authority for Bankruptcy and its territorial bodies with the ability to attract the most experienced and highly skilled arbitration managers (property departments, control sanations, In the order established by the State Agency for Bankruptcy.
4. In case of detection during the verification of violations of legislation in the work of the arbitration authority, the State Bankruptcy Authority may stop the activities of the arbitration manager and transmit the materials to the disciplinary committee for imposing He's on the violator of a disciplinary charge.
Article 107. Responsibility of the arbitration managers (property of assets, management of sanal, liquidators)
1. Arbicorating controls (property discharges, management of sanation, liquidators) are responsible for their actions and to the third parties of the civil-legal, administrative, disciplinary and criminal responsibility of the order and the amounts established by law.
2. Arbitracal controls (property solvers, management of sanation, liquidators) are subject to disciplinary responsibility in the order established by this Act.
The State Agency for Bankruptcy on the publication of the Disciplinary Commission is imposed on arbitration managers (property ordinators, management of santation, liquidators) of disciplinary charge.
4. The decision to impose a disciplinary charge is accepted within two months of the day of the detection of misconduct, but not later than one year from the day of its study.
5. On the imposition on the arbitration control disciplinary charge a record is done in the Unified Register of Arbitration Manager (Property of Property, Management of Santation, Liquors) of Ukraine.
Article 108. Disciplinary Commission
1. The disciplinary commission is formed by the State Agency for the Bankruptcy of Order for the purpose of controlling the activities of arbitration managers (property ordinators, control sanation, liquidators), and verification of the organization of their work, Compliance with the requirements of the bankruptcy law and the rules of professional ethics.
2. The disciplinary commission consists of seven people, three of whom are appointed by the order of the head of the State Agency for bankruptcy, and four are elected by the self-governing bodies of arbitration.
3. Opposes the disciplinary committee to the head of the State Body for Bankruptcy or the responsible person responsible for the specified body.
4. The Disciplinary Commission reviews statements, complaints and representations on arbitration controls; organises the inspection of published facts, degrading the honor and dignity of arbitration managers (property ordinators, control santation, liquidators); and recommendations, as well as preparing methodological developments on professional ethics of arbitration managers (property ordinators, managing santation, liquidators) and the application of progressive practices; taking decisions about applying to arbitration controls (dissipants of property, management of sanation, liquidators) disciplinary The lesions.
5. The decision of the disciplinary commission is taken at its meetings by voting by a simple majority of votes from the number of members present at the meeting of the members of the commission. The disciplinary commission is considered to be a plenipotentiary in the event of at least five members of the commission.
6. The decision of the disciplinary commission is decorated with a protocol signed by all present at the meeting of the members of the commission.
Article 109. Disciplinary charge
1. Disciplinary lesions that are imposed on an arbitration control (property of property, control sanata, liquidator) are:
(2) The exercise of the right to carry out the activities of the arbitration authority (the orderly of the property, the managing santion, the liquidator).
2. During the definition of the kind of disciplinary charge, the fault of the arbiter of the arbiter (property of property, control santion, liquidator), the severity of the misconduct committed, and also applied earlier to the arbitration control system. Disciplinary charge.
3. The decision to impose a disciplinary charge is accepted within two months of the day of the detection of misconduct, but not later one year from the day of its study.
4. On the imposition of the arbitration manager (the disorderly property, control of the santation, the liquidator) of the disciplinary charge is recorded in the Unified Register of Arbitration Manager (Property of Property, Management of Santation, Liquors) of Ukraine.
Article 110. Insurance of the responsibility of the arbitration manager (property of property, management of sanation, liquidator)
1. An arbitration control (a reagent of the property, control sanation, liquidator) concludes with the insurance agreement of insurance professional risk of arbitration controls (property payers, control sanates, liquidators) for the damage caused by the unintentional Actions or errors during the exercise of the authority of the arbitary control (the disorderly of the property, controlling the santion, the liquidator).
2. Suffering the professional risks of an arbitration manager (property of property, control santion, liquidator) is carried out by the arbitration control (property of property, control santation, liquidator) for three working days from the day of entry to the United States. The Register of Arbitary Governing (s-orders of property, management of santation, liquidators) of the Ukraine record on the granting of the rights to the arbitration manager (property of property, administration of santation, liquidator). The exercise of an arbitration rule (a disorderly conduct of a sanitary, a liquidator) without the contract of insurance of the risks of its activity is prohibited.
3. The annual annual insurance value is a three hundred minimum wage size set by the beginning of the year.
4. The order and conditions of insurance of the professional risks of an arbitration control (property of property, control santion, liquidator) shall be established by law.
Article 111. Damage reparation, inflicted on the fault of an arbitration manager (property of property, control santion, liquidator)
1. A shame, inflicted by the person as a result of the illegal actions of an arbitration control (the disorderly conduct of property, the control of the santion, the liquidator), is reimbursed in accordance with the law.
2. A shame, inflicted by the person in the wake of unintentional actions or errors of an arbitration control (a disclaimant of the property, controlling the santion, the liquidator), is reimbursed at the expense of the insurance payment.
3. The shame, the person who is involved in the intentional actions or inactivity of an arbitration control (the disorderly property, the control of the santion, the liquidator), is repulsed by the arbitration control (the disorderly of the property, the control of the santion, the liquidator).
Article 112. Termination of the arbitration manager (property of property, administration of sanation, liquidator)
1. The way to end the activities of an arbitration manager (property of property, control sanata, liquidator) is as follows:
(2) The impossibility of carrying out its authority by health;
(3) The accused of the lawful strength of the indictment against him;
4) recognition of his incapacitated or restricted diet, absent-less or deceased;
5) to impose a disciplinary charge in the form of deprivation of the right to carry out the activities of an arbitration manager (property of property, control santion, liquidator);
(6) The presentation of the false information necessary to obtain the certificate of the right to implement the activities of an arbitration manager (property of property, control sanation, liquidator);
(7) Abolishing the admission of a state secrecy for violations by the arbitration governing body (the order of property, control of the santion, liquidator) of the legislation in the area of public secrecy;
2. In case of termination of the arbitration manager (property of the property, control of the santion, the liquidator) it is excluded from the Single Register of Arbitary Governing (s) of the property (s) of Ukraine and its certificate I'm sorry.
Article 113. Order to discontinue the activities of the arbitration administration (property of property, administration of sanation, liquidator)
1. In the case of the presence of an arbitration authority (property officer, control santion, liquidator) on the exercise of an arbitration control (property of property, control santion, liquidator) of the disciplinary commission To make the State authority on bankruptcy.
2. The State Agency for Bankruptcy takes decisions on the deprivation of the law of the arbitration authority (property of property, control santion, liquidator) on the exercise of an arbitration control (property of property, control sanation, (a) The registration of the office of the Bank of the Republic of Ukraine and the United States of Ukraine.
3. The State Authority on Bankruptcy is not required to report a third day of the arbitration authority (property, control santion, liquidator) on the termination of its authority.
4. An arbitration control (a reagent of the property, control santation, liquidator) is required to stop activity from the day of introduction to the Single Register of Arbitary Governing (s) of the assets, control of the santation, liquidators of Ukraine. Authority.
5. The decision of the State Authority on the Bankruptcy of the Deprivation of the Office of the Arbitration Manager (Office of Property, Governor of the Liquidation, Liquor) of the right to carry out the activities of the arbitration control (solvent of property, control santion, liquidator) can be challenged by the arbitration control (a disorderly of property, control of sanation, liquidator) to the court. The challenge of the decision does not stop his action.
6. The order and conditions of transmission and destruction of personal seal of the arbitration control (the holder of the property, control santion, liquidator) are installed and provided by the specially authorized body on the leisure system in the field. activity.
Article 114. The appointment and removal of an arbitration control (solvent of property, control sanata, liquidator) in the bankruptcy case
1. A candidate of an arbitration control (a deposit of property, control sanitary, liquidator) to perform the authority of a property of a property is determined by the court itself by using an automated system from the number of persons listed before the Single Registry. The arbitration managers of Ukraine.
The provisions of the automated system from the selection of candidates for the appointment of the owner of the property for the bankruptcy court is approved by the Plenary of the Supreme Court of Ukraine for the approval of the State Authority on Bankruptcy.
During the adoption of the allegations of the bankruptcy proceedings, the court ordered a designated automated system of arbitration control (the solvent of the property, control santion, liquidator) to provide a statement to participate in the case.
In the case of an arbitration-controlled (property of a property, control sanation, liquidator) determined by the automated system, the consent of the consent of the consent of the property in this case, the property of the property, assigns the court without application. automated system from the number of persons listed on the Single Register of Arbitary Governing (s) of the property (s) of the country.
The candidature of an arbitration authority to perform the authority of a controlling santation or liquidator is determined by the court on the petitions of the creditors committee, and in the absence of such a petition-for the initiative of the court, other than the cases prescribed by the Law.
During the appointment of an arbitration control (control santion, liquidator), the host court is not affiliated with the candidature of the arbitrators proposed by the creditors committee, and has the right to appoint an arbitration authority.
To the arbitration managers (property offices, management of santation, liquidators), which are assigned to state enterprises and enterprises, in a statutory capital of which the proportion of state ownership exceeds 50 percent, the Cabinet of Ministers of Ukraine may Set additional requirements.
The rejection of the host court of the proposed arbitration control (control santion, liquidator) and the appointment of another arbitration manager should be motivated.
2. A resettlement of the property, control of the santion, the liquidator shall not be assigned to arbiter controls:
1) who are involved in the case;
2) who have undertaken earlier management by this debtor, in addition to cases where from the day of the removal of the debtor of the debtor not less than three years of age;
3, which is denied admission to a state secret, if such a tolerance is necessary to fulfill the duties laid down by this Act.
Prior to the appointment of an arbitral manager (a reagent of property, a control of a sanitary, a liquidator), the person must apply to the court court a statement, which states that it does not belong to any category of above persons.
3. An arbitration control (a reagent of a property, a managing santion, a liquidator) may be fired by a host court from the execution of the office of a settlement of property, a managing santion, a liquidator for his statement.
The removal of an arbitration control (a branch of property, control santation, liquidator) from carrying out his duties is carried by the host court to petition the creditors committee, the body authorized to manage the state jersey (for government officials). enterprises and businesses, by statutory capital of which share of state ownership exceeds 50 per cent) or on its own initiative in the case of:
(1) Non-performance or unsupervised execution of duties laid down by the arbitration manager (property of property, control santion, liquidator);
2) the abuse of the rights of the arbitration control (the orderly of the property, control santion, liquidator);
" (3) the judgment of untrue information;
(4) a refusal to address a state secret or abolition of the previously provided tolerance;
(5) The cessation of an arbitration manager (property of property, control santion, liquidator).
The trial of five days from the day he became aware of the reason for the removal of an arbitration control (the disorderly of the property, control of the santation, the liquidator), to make the decision of his dismissal from the fulfillment of the relevant authorities. Failure in the bankruptcy case.
4. To petition participants in the bankruptcy of a state enterprise or enterprise, in the statutory capital of which the proportion of state ownership exceeds 50 percent, the execution of a debtor leader may temporarily rely The office of the Chief of the property prior to the appointment of a new leader of the debtor in the order defined by the law and the establishment of documents.
5. An arbitration control (a reagent of the property, control santion, liquidator) is required to notify the body in advance, authorized to manage the state property, about the time, place and agenda of the creditors and creditor of the creditors of the state enterprises or businesses, in a statutory capital of which the share of state ownership exceeds 50 percent.
6. The management of the santation is quarterly to the body authorized to manage the state property, about the execution of a plan of a state enterprise or enterprise, in a statutory capital that the proportion of state ownership exceeds 50 per cent.
A report by a managing office of a state enterprise or enterprise, in a statutory capital of which a share of state ownership exceeds 50 percent, considered by the creditors committee, and protocol of the creditors committee not later than five days from the day The creditor of the creditors committee shall send the authority to administer the authority of the state master.
Article 115. Reward and reimbursement of the expenses of the arbitration manager (property of property, administration of sanation, liquidator)
1. An arbitration control (a reagent of the property, controlling the santion, the liquidator) is the responsibility of the cash reward.
2. The budget reward of an arbitration manager for the fulfillment of the estate of the estate is determined in the amount of two minimum wage charges per month, or in the amount of the average monthly wage of the debtor's supervisor; for the last twelve months of his work in breach of bankruptcy proceedings, if that size exceeds two minimum wage. The size of the monetary reward of an arbitration authority for the fulfillment of the estate of the estate of the estate cannot exceed five minimum wage rates per month of office.
The right to pay a monetary reward arises in an arbitration control on the last day of each calendar month of the execution of the debtor's property.
Payment of a monetary reward for the arbitration manager (property order) is carried out by either the applicant (creditor or debtor) in the amount specified in this part. The sum of the advance payment is placed on the deposit account of the notary and is paid by the arbitration authority (property of the property) for each month of the execution of the property of the property.
3. The monetary reward of the arbitration manager for the fulfillment of the authority of the managing santion, the liquidator is made up of the main and additional monetary awards.
The main monetary reward of the arbitration authority for the fulfillment of the authority of the managing santion, the liquidator is defined in the size of two mid-month borrowers of the debtor head for the last twelve months of his work until the introduction of the master's office. The court procedure of a debtor sanation or the opening procedure for liquidation procedures for every month of execution by the arbitration authority of control of the sanate or the liquidator. The size of the main monetary reward of an arbitration authority over the execution of powers of a management santion, the liquidator cannot exceed ten minimum wage rates per month of office.
The additional monetary reward of an arbitration authority over the execution of office authority is defined in the amount of 5 per cent of the volume levied in favor of the debtor of assets (return of cash funds of property, property rights) that are on the day of the breach. The failure of the bankruptcy case was in third parties, and 3 percent of the repayment of the number of competitive creditors.
The right of the main monetary reward requirement arises in an arbitration control on the last day of each calendar month of the execution of the office of the sanate, the liquidator.
The right of the requirements of an arbitration control (controlling santion, liquidator) of the additional monetary reward comes from a day of actual departure to the debtor, in favor of assets or parts which are on the day of the failure of the proceedings. The bankruptcy was held in third parties, or from the day of the actual full or partial repayment of the requirements of competitive creditors in proportion to their volume.
4. To erase the arbitration control associated with the implementation of his authority in the bankruptcy case, reimbursed in the order provided by the Act, except for the cost of insurance of his responsibility for causing injury due to insignificant actions or errors occurred during the execution of the property of the property of the estate, the management of the sanitation, the liquidator, and the costs of which are not directly linked to the execution of the bankruptcy proceedings, and costs related to the execution of such authority in a part where the costs exceed regulated by the state of the price (tariffs) on appropriate goods, jobs, services or market prices on the day of taking appropriate costs or orders (purchase) of goods, works, services.
5. Payment of monetary rewards and reimbursement of the costs of an arbitration authority in relation to the enforcement of the bankruptcy proceedings shall be carried out through the funds owed by the debtor's household, or The funds received from the sale of property (property rights) of the debtor.
The creditors can create a fund to advance the money reward and reimburse the expenses of an arbitration control. The formation of the fund and the order of use of its funds are determined by the decision of the creditors committee and approve by the adoption of the host court.
A host court has the right to reduce the size of the payroll of an arbitration control (property, control santion, liquidator), if the average monthly wage of a debtor is overly high compared to the minimum size of a debtor. Payroll.
7. The estate of the property reports on the account and payment of the monetary reward of the arbitration manager, the exercise and reparations of its expenses at the first meeting of the creditors committee, as well as the results procedure of the master of the debtor. The management santation is not less than once every three months, and the liquidator is reporting monthly on the creditors committee on account and payment of the main and additional monetary reward money, implementation and cost reimbursement.
A report of the arbitration management on account and payment of monetary reward, the exercise and reimbursement of the costs of the creditors is to be known and must be approved or agreed by by the creditors committee.
A report on the accounts and payment of the money reward, the exercise and reimbursement of expenses incurred by the gift procedures of the mine, santation, liquidation is served by the arbitration authority to the host court five days before the appropriate conclusion. procedures are considered by the court and approved by the decision, which may be appealed in the prescribed order.
Article 116. Rules for the conduct of business and the archive of the arbitration authority (property of property, control santion, liquidator)
1. The rules for the conduct of business and the archive of the arbitration control (the solvent of the property, the management of the santion, the liquidator) shall approve the state agency on the bankruptcy proceedings with the central body of the executive branch of the archives.
2. Arbiter controls (property decks, management of sanation, liquidators) lead and submit statistical reporting, operational reporting, and information in the order established by the State Agency for Bankruptcy.
3. In the case of termination of the office of an arbitration authority (the disorderly of the property, the control of the santion, the liquidator) of the arbitration authority is transferred to the appropriate state archive in the prescribed legislation.
Article 117. Self-governing organization of arbitration controls
1. The self-governing organization of arbitration controls is an all-Ukrainian public organization that unites arbitration controls, which have received their status in accordance with the requirements of this Act, and exercise the authority for public regulation of the arbiters.
2. The formation and procedure of the self-governing organization of the arbitration governing bodies is governed by legislation on the union of citizens with regard to the characteristics established by the Act.
3. The self-governing organization of arbitration controls is a legal entity that acts on self-government and which does not aim to profit.
4. All-Ukrainian self-governing organization of arbitration managers must meet such criteria:
There are no fewer than one hundred arbiter controls;
Membership of its members is no less than a hundred (collectively) procedures applied for bankruptcy proceedings;
Having developed in accordance with the requirements of this Act and such that are required to be executed by the members of the self-governing organization of arbitration managers, the rules of the professional activities of the arbitration managers;
Establishment of the bodies of governance and specialized agencies of the self-governing organization of arbitration controls, functions and powers that comply with the requirements of this Act.
5. The order of recognition of the status of the All-Ukrainian self-governing organization of the arbitration governing bodies on the issue of bankruptcy is established by the Cabinet of Ministers of Ukraine.
Article 118. Functions and powers of self-governing organization of arbitration control
1. The self-governing organization of arbitration management exercises such functions and powers for the public regulation of arbitration control activities:
(1) Control of the implementation of the provisions of this Act and other regulations in the activities of the arbitration managers-its members;
2) participate in the development of legal acts and measures to restore the debtor's solvency or recognition of his bankruptcy;
(3) To participate in the professional training of arbitration managers and the promotion of their professional level;
4) to participate in the qualification and disciplinary committee;
(5) To protect the interests of the members of the self-governing organization of arbitration managers in the government authorities and local governments;
(6) Informing a society about the practice and problematic issues in the procedures for restoring the debtor's solvency or recognition of his bankruptcy;
(7) Other powers provided by law.
2. Control (supervision) for the activities of the self-governing organization of arbitration managers has exercised the state agency on bankruptcy.
3. The subject of control (supervision) of the State Department of Bankruptcy is compliance with the self-governing organization of the arbitration governing requirements of this Act, other regulatory and legal acts of Ukraine.
Chapter IX
BANKRUPTCY PROCEDURES RELATED TO
WITH FOREIGN BANKRUPTCY PROCEDURE
Article 119. Application of bankruptcy procedures related to foreign failure
1. For the purposes of this section, the terms are used in this way:
A foreign bankruptcy procedure-the failure of the bankruptcy proceedings to be carried out in a foreign state according to its legislation;
A foreign court-a state or other authorized body of a foreign state, competent to conduct bankruptcy proceedings;
The controlling foreign bankruptcy procedure is a person appointed by the decision of a foreign court within a foreign bankruptcy procedure for a particular time and authorized to lead the household or reorganization or liquidation of the debtor, to act in others. States.
2. The bankruptcy proceedings related to foreign failure stated in this section, unless otherwise provided by the Law or International Treaty of Ukraine, apply under the principle of reciprocity in the case of:
Before the Court of Justice, which has the case of bankruptcy proceedings, a statement is filed by a foreign arbiter (a debtor of property, control of sanation, liquidator) regarding the recognition of foreign proceedings and judicial assistance or has been received The appeal of a foreign court to cooperate in relation to foreign proceedings in the case of bankruptcy;
The Court of Justice, which has the case of bankruptcy proceedings, sent by an appeal or arbitration administration (a debtor of property, control of sanation, liquidator) issued a statement to a foreign court regarding the recognition of the proceedings against the Under this Act, as well as concerning judicial assistance and cooperation in connection with the failure of the Bankruptcy in accordance with the Act;
The prosecution has been submitted to the office of a foreign bankruptcy procedure for the recognition of a foreign bankruptcy procedure, as well as for judicial assistance and cooperation in connection with the foreign bankruptcy procedure in the case of bankruptcy.
The provisions of this section do not apply to the procedures for bankruptcy of banks and other financial institutions.
3. The reciprocity is considered to be existing if it is established that the international agreement of Ukraine, consent to the binding of the Verkhovna Rada of Ukraine, is foreseen for the possibility of such cooperation a foreign state with Ukraine.
4. The Court of Justice refuses to apply the international aspects of bankruptcy if their application contradicts public order, sovereignty and basic principles of legislation of Ukraine.
5. The Court of Justice has the right to refuse to apply the provisions of this section if an appropriate foreign court has refused to cooperate with the host court or arbitration control.
6. During the failure of the bankruptcy proceedings, the Court of Justice comes out of the following:
The failure of the debtor of the debtor, which was established and exercised its activities in accordance with the legislation of Ukraine with the location on its territory, is the main failure of any other foreign failure;
The failure of the bankruptcy of the debtor-the permanent representation of the entity of the business activities of Ukraine in the foreign state is a derivative of foreign failure regarding basic failure in Ukraine;
The failure of the debtor of the debtor, which was established and exercised its activities in accordance with the legislation of another state with a locality outside Ukraine violated in a foreign state, is a major foreign failure;
The failure of the bankruptcy of the debtor is a permanent representative in the foreign state of the enterprise activity that is established and exercised in accordance with the legislation of another state with the locality outside of Ukraine in a foreign state, it is a derivative of foreign failure.
7. Recognition of a foreign bankruptcy procedure includes the recognition of court decisions made by a foreign court during this failure, as well as decisions regarding the appointment, release or replacement of foreign arbitration controls, decisions on the transfer of foreign policy. Failure, stopping or complete.
Article 120. Reasons for providing judicial assistance and cooperation
1. The Lord of the Lord or the arbitration control (the solvent of the property, control of the santion, the liquidator), which acts on the grounds of this Act, is required to provide assistance to the governing foreign bankruptcy procedure or to carry out collaboration with foreign In accordance with the law and international treaties of Ukraine, the consent of the Verkhovna Rada of Ukraine is granted.
Article 121. Controlling foreign bankruptcy procedure
1. Kerousing a foreign bankruptcy procedure for the implementation of the rights and duties in Ukraine should validate its authority in the order established by this Act.
2. The following foreign bankruptcy procedure has the authority provided by the relevant international treaties of Ukraine, the consent of which was provided by the Verkhovna Rada of Ukraine.
3. Under the exercise of his own powers in Ukraine, the managing foreign bankruptcy procedure is required to act conscientious and reasonable.
Non-performing or non-compliance with duties put on a foreign-foreign bankruptcy procedure under the Act, which caused significant damage to creditors or borrowers, may be subjected to the dismissal of the law. The Court of the Court of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the United States of America
4. Kerouting the foreign procedure of bankruptcy is required to add to the statement and documents of their translation in Ukrainian language, and during the exercise of the procedures in the public court to use the service of the interpreter for its own account.
Article 122. A statement on the recognition of a foreign bankruptcy procedure and a managing foreign bankruptcy procedure
1. Kerousing a foreign bankruptcy procedure gives to the court proceedings, which is carried out in bankruptcy proceedings, a written statement of recognition of foreign proceedings under which he was appointed, before the decision by the court. In essence (approving the peace agreement, the plan of santation, elimination). The statement of recognition of foreign proceedings is made up by the state (official) language of the state, which has a foreign failure in the case of bankruptcy. The language is translated into English translation.
The statement, if another is not provided by the international treaty of Ukraine, should contain:
The naming of the master court, to which it is served;
the name (naming) of the governing foreign bankruptcy procedure, which gives a statement, with the position of its residence (stay) or location;
the name (naming) of the debtor, the name of his residence (stay) or location or location of his property in Ukraine;
the content and motives of the filing of the statement.
2. In case of the international treaties of Ukraine, no documents should be added to the statement, or in the absence of such treaties, the statements are added:
A copy of the copy of the decision of a foreign court on violations of the foreign bankruptcy violation and the appointment of a controlling foreign bankruptcy procedure;
the document that the decision of a foreign court has gained legal strength (unless it is stated in the decision itself);
A document which certify that the debtor in relation to the decision of a foreign court to violate a foreign bankruptcy procedure and who did not participate in the trial was properly warned of the time and place of the proceedings;
a document that will give the authority of the governing foreign bankruptcy procedure;
Information on other foreign debt procedures concerning the debtor, which is known by the managing foreign bankruptcy procedure;
A duly-looking translation of the documents mentioned in part 2 of this article, in Ukrainian.
3. The Lord Court, establishing that the declarations and documents added to it, are not decorated according to the requirements prescribed by this article, or the statement is not added by all the listed documents, leaves it without consideration and returns along with the documents added. Control of the foreign bankruptcy procedure is not later on the fifth day of the day of its accession.
The return of the statement does not deprive the guiding foreign procedure of the bankruptcy of the right to reproclaim to the court after eliminating the reasons for the return.
4. The Court of the Lord establishes that the declarations and documents added to it are formalized in accordance with the established requirements, not later on the third day of the day the adoption is adopted by the adoption of the statement.
5. Foreign official documents submitted to the host court in accordance with the second part of this article, the court accepts in the case of their legalization, unless otherwise provided by the International Treaty of Ukraine.
Article 123. Judicial assistance to be given after filing a statement on the recognition of a foreign bankruptcy procedure
1. From the day of submission of a statement on the recognition of a foreign bankruptcy procedure and to the sentencing of the respective owners of the court, on the basis of written statement of written foreign bankruptcy procedure, measures to protect the debtor's assets or interests creditors: carry out measures to provide the gathering of evidence or extracting information on assets, business transactions, rights, duties, or responsibility of the debtor.
2. The Court may refuse to provide judicial assistance under this article if such assistance will interfere with the conduct of basic proceedings in the bankruptcy case in Ukraine.
Article 124. Review of the statement on the recognition of a foreign bankruptcy procedure
1. On the accession of the statement on the recognition of a foreign bankruptcy procedure, the debtor informs the debtor in a three-day row and sets up thirty-day lines to represent the possible objections to the stated statement.
2. After presenting the debtor in writing or in case of a set of lines from the day the debtor is not submitted, the judge shall make the decision, which determines the time and place of the judicial review of the statement that the Bankruptcy procedure and debtor are reported in writing for three days from the day of the sentencing.
3. According to a statement of the governing foreign procedure of bankruptcy or bordership and for the presence of important reasons, the court may be able to reschedule the statement, which tells the parties.
4. The failure without urgent reasons for the judicial meeting of the bankruptcy of the debtor's foreign bankruptcy procedure or its representatives, which are aware of the timely presentation of a call to the host court, are not an obstacle to review; If any of the parties have not been entrusted with the issue of the transfer of its consideration.
5. Looking forward the documents and hearing the explanations of the parties, the court of the court made a decision on the recognition of a foreign bankruptcy procedure or to a failure in the satisfaction of the statement. A copy was sent by a government court to administer a foreign bankruptcy procedure and a three-day line from the day of its sentencing.
Article 125. Reasons for refusal to address the statement of recognition of a foreign bankruptcy procedure
1. The recognition of a foreign bankruptcy procedure is not satisfied with cases stipulated by international treaties of Ukraine. If the international treaties of Ukraine are not predicted, the satisfaction of the statement may be denied if:
The decision of a foreign court to open a foreign bankruptcy procedure according to the legislation of the State that it adopted did not have a legitimate force;
The party to which a foreign bankruptcy procedure opened in bankruptcy proceedings has not been properly reported to the proceedings;
The State Court of Ukraine has already taken care of the statement of recognition of a foreign procedure for bankruptcy in the same grounds that the legitimate force has taken;
The foreign bankruptcy procedure refers to the debtor created in accordance with the legislation of Ukraine;
In Ukraine, the bankruptcy proceedings have already been completed;
Missed the established legislation of Ukraine of the line of decision of the foreign court to be executed in Ukraine;
The implementation of the decision of a foreign court contradicts the public order, the sovereignty and basic principles of the legislation of Ukraine.
2. In case of circumstances, in connection with which it was refused to be satisfied with the declaration of recognition of a foreign bankruptcy procedure, the governing foreign bankruptcy procedure could be reapplied to the host court.
Article 126. Failure of the host country to recognize foreign bankruptcy procedures
1. In the decision of the host court, the recognition of a foreign bankruptcy procedure shall be noted as follows:
A full name or name of a debtor which has been entrusted with the failure of bankruptcy, location, or place of residence;
The naming of a foreign court which violated bankruptcy proceedings;
full of naming or name of the controlling foreign procedure of bankruptcy, its location or place of residence;
the status of a foreign bankruptcy procedure according to the provisions of this Act.
2. The failure to recognize a foreign procedure of bankruptcy or denial of its recognition can be appealed to the order and the lines predicted. The economic procedural code of Ukraine .
3. The copy was granted or sent by the host court to a foreign bankruptcy procedure and a three-day line from the day of sentencing.
Article 127. Reasons for change or abolishment of the host court about the recognition of a foreign bankruptcy procedure
1. The reasons for the change or cancellation of a host court on the recognition of a foreign bankruptcy procedure are the wrong application of the rules of material and procedural law, as well as the change or termination of the circumstances that the host court has managed during her sentencing.
Article 128. Judicial assistance to be given after recognition of foreign proceedings
1. After the recognition of a foreign bankruptcy procedure, other than the cases provided by this Act, to protect the debtor's assets or interests of the creditors of the host court on the basis of a statement of the administration of a foreign bankruptcy procedure, may provide such a lawsuit Assistance:
1) to stop the failure of bankruptcy or other procedural acts regarding assets, rights, obligations or liability of the debtor, provided all necessary measures to guarantee the satisfaction of the interests of creditors in Ukraine;
(2) To stop the right of order by any asset of the debtor;
(3) The continuation of the provision of the judicial assistance provided under this Act;
4) providing additional judicial assistance in accordance with the legislation of Ukraine or international treaties of Ukraine.
2. The filing of judicial assistance is suspended from the day of incorporation of creditors ' requirements by foreign failure to register the requirements of creditors approved by the bankruptcy of the debtor under the Act relating to the Act issued by the Oh, my God.
3. The introduction of changes to the plan of the debtor after recognition for a foreign court is carried out in accordance with the provisions of this Act.
Article 129. Statement on the provision of judicial assistance
1. The provision of judicial assistance is made up of the state official language of the state, from which the controlling foreign procedure of bankruptcy is governed. The language is translated into English translation.
The statement is filed in writing and must contain:
The naming of the host court, to which the statement is filed;
the name (naming) of the governing foreign bankruptcy procedure, which gives a statement, with the position of its residence (stay) or location;
The name of the case where a statement of judicial assistance is issued;
The essence of the petition and necessary for its fulfillment of information, including those concerning persons who may apply to the judicial assistance measures;
The need to ensure the confidentiality of the application and information received during the provision of assistance;
A list of procedural actions that must be done.
2. During the review of the application for assistance and in the case of a decision to assist the judicial court, the legislation of Ukraine applies.
According to the results of the application of the aid of the court, a copy of which is sent by the managing foreign procedure for three days from the day of its adoption.
Article 130. Protection of the rights of creditors and other interests
1. During the adoption of a judicial assistance decision, the refusal to grant or end its granting a master court must testify that the rights of property and other legal rights of creditors and other interests are not violated. persons, including a debtor.
2. The Court of Justice on the basis of a statement of a foreign-controlled procedure may alter the content or end of the provision of judicial assistance.
Article 131. Cooperation with foreign courts and managing foreign bankruptcy procedures
1. During the bankruptcy proceedings, which is the primary or derivative of another foreign failure:
The adjudicator must cooperate with foreign courts or foreign control foreign control procedures by judicial errands of the arbitration administration (the solvent of the property, managing the santion, the liquidator);
An arbitration control (the solvent of the property, the control of the santion, the liquidator) has the right to execute its functions to cooperate with foreign courts and control foreign bankruptcy procedures;
An arbitration control (the solvent of the property, the control of the sanitary, the liquidator) is obliged to inform the court of the court about its cooperation with the foreign court or the managing foreign bankruptcy procedure.
2. Cooperation can be carried out by:
1) committing actions in a foreign state;
(2) Transfer of information to a foreign court or a managing foreign bankruptcy procedure if the transfer of such information is not prohibited by the law;
(3) Coordination of the activities of the asset management and debtor's activities;
(4) Coordination of procedures for judicial assistance during the exercise of bankruptcy proceedings against the same debtor.
3. In case of actions committed in the order of cooperation may be detrimental to the interests of creditors or the debtor in the failure of the Act, the host court on its own initiative or by a statement of any of the parties A decision can stop or ban the appropriate actions.
Article 132. Coordination of the provision of judicial assistance during the simultaneous exercise in the bankruptcy proceedings violated under this Act and the foreign bankruptcy procedure
1. If the foreign procedure for bankruptcy and the bankruptcy proceedings violated under this Act are interrelated, the host court provides judicial assistance following the following requirements:
If a claim to recognize a foreign procedure for bankruptcy is filed following a breach of bankruptcy proceedings under the Act, providing judicial assistance in accordance with the requirements of this Act should not be allowed to meet The creditors of Ukraine;
If the failure of bankruptcy is violated under this Act, after recognizing or presenting statements on the recognition of a foreign bankruptcy procedure, the judicial assistance provided in accordance with the requirements of this Act is revised; It shall be stopped if it is incompatible with the failure of bankruptcy, in accordance with the Act.
Article 133. Provision of judicial assistance during several foreign bankruptcy procedures
1. In the case of recognition of several foreign bankruptcy procedures regarding the same debtor, the host court provides judicial assistance, following the requirements:
The provision of judicial assistance to the governing foreign procedure of the bankruptcy of the derivative of the foreign bankruptcy procedure must be agreed with the provision of assistance during the main foreign bankruptcy procedure;
If after recognition of the derivative of a foreign application, the other derivative of the foreign bankruptcy procedure is recognized by the foreign bankruptcy procedure, the economic court grants, changes or ceases to provide judicial assistance with the purpose of reconciling such proceedings.
Article 134. Payment in the scope of the proceedings held at the same time
1. The Creditor, which received partial reparations for its requirements under a foreign bankruptcy procedure, cannot obtain reparations for the same requirement as part of the bankruptcy proceedings violated under this Act; on the same debtor until the other creditors of the same queue would be proportionate to less than the reparations already received by this creditor.
Chapter X
TRANSITIONAL AND TRANSITIONAL PROVISIONS
1. This Act shall take effect a year from the day of its publication, except:
Sub-item 14 of paragraph 7 of section X "Final and Transitional Provisions", which will take effect from the day following the day of its publication;
Information on the official public disclosure of bankruptcy proceedings on the official website of the official website of the Supreme Court of Ukraine on the Internet, which will take effect two years from the day of publication of this Act. Prior to the entry into force of these provisions, the official publication of the bankruptcy proceedings is carried out in the official print bodies (Voice of Ukraine or "Private courier").
2. Help about the bankruptcy of mining enterprises (mining, mines, mines, mining, careers, cutting, enrichment plants, coal mining enterprises) created in the process of privatization (corporatization), in the statutory capital of which The proportion of the state is no less than 25 percent and the sale of shares which began, may not be violated as one year since the privatization plan, aside from the owner's decision.
3. Help about the bankruptcy of mining companies (mining, mines, mines, mines, mines, cutting, cutting, enrichment plants, coal-based enterprises), in the statutory capital of which the proportion of the state is at least 25 "On January 1, 2013, the Law of Ukraine" On the renewal of the debtor of the debtor or the recognition of its bankruptcy was not violated " until 1 January 2013, except for those eliminated by the owner's decision.
4. The bankruptcy cases of mining enterprises (mining, mines, mines, mining, careers, cutting, enrichment plants, coal mining enterprises), in the statutory capital of which the proportion of the state is at least than 25 percent, broken after January 1, 2000, is subject to termination except for those eliminated by the owner's decision.
5. The legal and legal acts adopted into force under this Act act in part that does not contradict the Act.
6. From the day of exercise, the law continues to act as a license to implement the activities of the arbitration authority (property of property, control santion, liquidator). For six months from the day of entry into force, the State Agency for Bankruptcy is replaced by a statement of arbitration authority on the day of entry into force of the Law of Arbitration for the Law of Arbitration (a set of property, control of sanation, liquidator) on the certificate of the right to carry out the activities of an arbitration authority (the orderly of property, control santion, liquidator) which in accordance with this Act provides the right to exercise The arbitration control (the disorderly of the property, control of the santion, the liquidator). After the end of this line, the validity of the license is lost to the right to implement the activities of the arbitration manager (property of property, control santion, liquidator).
7. To make changes to the following legislative acts of Ukraine:
1) in The Master's Procedure Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 1992, No. 6, pp. 56):
part of the first article 12, to supplement the paragraphs 7 and 8 of this content:
" (7) disputes with the master requirements of the debtor, which deals with the bankruptcy proceedings, including cases in the recognition of invalid any offenders (treaties) held by the debtor; on the payment of taxes, fees (compulsory taxes). (a) Payment of salaries; renewal of the work of the debtor's officials and officers, and the recognition of the non-real decisions of the state bodies associated with the master requirements of the debtor;
"(8) the cases on allegations of approving the debtor's plans for bankruptcy proceedings";
Article 16 is complementary to this content:
"The cases in the maynew disputes, stipulated by paragraph 7 of the part of the first article 12 of this Code are considered by the host court, which is in the case of the bankruptcy case";
(2) Part of the first Article 210 Economic Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 18-22, art. 144) to teach in such an editorial:
" 1. The creditors of non-payment borrowers are legal or physical persons, as well as public tax authorities and other public authorities, which have confirmed in the prescribed document order requirements for monetary obligations to the debtor ";
(3) Second sentence of the second article 156 Civil Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 40-44, art. 356) set out in such an editorial: "Increased statutory capital of the society to cover damages shall not be allowed except in the cases established by law";
4) in Code of Administrative Procedure of Ukraine (Information of the Verkhovna Rada of Ukraine, 2005, No. 35-37, p. 446):
Part 1 of the first article 3 shall be supplemented by the words "other than cases established by law";
Part of the third article 17 should be supplemented by paragraph 5 of this content:
"5) which belong to the order in the order of economic litigation";
(5) Paragraph 14.1 of the second sub-paragraph 14.1.226 of article 14 Tax Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2011, No. 13-17, art. 112) after the word "lawyers", supplemented with the words "arbitration managers (the dissent of property, control of sanation, liquidators)";
(6) Article 22 Law of Ukraine "On State Secrets" (Information of the Verkhovna Rada of Ukraine, 1999, No. 49, pp. 428; 2010, No. 46, pp. 537; 2011, No. 33, pp. 329) after part of the fourth complement, a new part of this content:
" The admission to state secrecy during the application to the debtor of the bankruptcy court procedures in established legislation is provided by the Security Service of the Arbitration Manager of Ukraine (property officer, management of the santion, the liquidator). After conducting his inspection for the publication of a state body, the authority of local government, enterprise, institution, organization, to the scope of the management (which) belongs to the debtor or who (which) is the customer of the works associated with the state secret. "
In this regard, the fifth is to be considered as part of the sixth-eighth.
{Subparagraph 7 of paragraph 7 of section X lost the validity of the Law No. 222-VIII of 02.03.2015 }
(8) Part of Article 6 Law of Ukraine "On insurance" (Information of the Verkhovna Rada of Ukraine, 2002, No. 7, pp. 50) complement paragraph 21-1 of this content:
"21-1) insurance for the civil-legal responsibility of an arbitration manager (property of property, control santion, liquidator) for the damage that may be due to the execution of his duties";
(9) Paragraph 3 of Article 2 Law of Ukraine "On the introduction of the Moratorium on the Forced Implementation of the Property" (Information of the Verkhovna Rada of Ukraine, 2002, No. 10, p. 77; 2005, No. 2, st. 31; 2011, No. 45, pp. 493) to exclude;
10) in Article 36 Law of Ukraine "On State Registration of Legal Persons and Physical Persons-Entrepreneurs" (Information of the Verkhovna Rada of Ukraine, 2003, No. 31-32, art. 263 with the following changes):
after part of the third complement to a new part of this content:
" 4. The State Registrar, receiving the documents to conduct the state registration of a legal entity, as a result of its liquidation, is required to verify the availability of open executive proceedings against such a legal entity. "
In this regard, the fourth is the fourteenth to be considered in part by the fifth to fifteen.
A part of the tenth complement of paragraphs of this content:
" On the legal person, the executive proceedings were opened;
"The proceedings against the bankruptcy of the legal entity were opened against the legal person";
11) Part of the first article 76 Law of Ukraine "On International Private Law" (Information of the Verkhovna Rada of Ukraine, 2005, No. 32, p. 422) after paragraph 10 complement the new paragraph of this content:
"11) if the bankruptcy case has a place of basic interests or basic business activity in the territory of Ukraine".
In this regard, paragraph 11 is considered to be paragraph 12;
(12) Paragraph of the first part of Article 15 Law of Ukraine "On Joint Company Societies" (Information of the Verkhovna Rada of Ukraine, 2008, No. 50-51, p. 384) to read:
" 5. Increasing the statutory capital of the society to cover damages is not allowed, except in the cases established by law ";
{Subparagraph 13 of paragraph 7 of section X lost the validity of the Law No. 1404-VIII of 02.06.2016 }
(14) Paragraph 2 of the second article 4 Law of Ukraine "On judicial gathering" Complement subparagraphs 12 to 17 of this content:
" (12) The statement of the approval of the bankruptcy plan for bankruptcy proceedings in the case of bankruptcy-1 size of the minimum wage;
13) allegations of a violation of the bankruptcy case-the 5 dimensions of the minimum wage;
(14) statements by creditors that are addressed to the debtor after the announcement of a breach of bankruptcy proceedings, as well as after the reported recognition of a debtor in bankruptcy-1 size of the minimum wage;
(15) Statements by the recognition of lawmen (treaties) invalid and refuting the general actions of a debtor within the bankruptcy proceedings-1 size of the minimum wage;
16) statements about the dissolution of the peace agreement concluded in the case of bankruptcy, or the recognition of its invalid-the 1 size of the minimum wage;
(17) of the appeals and bankruptcy complaints of bankruptcy-0.5 size of the minimum wage. "
| President of Ukraine |
(...) (...) |
| Um ... Kiev, |
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