C A C U A TO R S
On Amendments to the Law of Ukraine "On Bankruptcy"
(Information of the Verkhovna Rada of Ukraine (VR), 1999, N 42-43, pp. 378)
(For further change, see. Code
N 2341-III 2341-14 ) from 05.04.2001, VR, 2001, N 25-26,
(...)

Verkhovna Rada of Ukraine Oh, I am. :
Make changes to the Law of Ukraine "On Bankruptcy" 2343-12 )
(Information of the Verkhovna Rada of Ukraine, 1992, N 31, pp. 440; 1993
29, p. 308; 1994, N 27. 224), teaching it in such a
& Revision:
" With A C O U R A, A
About the recovery of platformer
The debtor or the recognition of his bankrupt
This Act establishes the terms and conditions of the recovery
The solvency of the debtor
or recognition of its bankrupt and application of liquidation
procedures, full or partial satisfaction with the requirements of creditors.
Section I
GENERAL PROVISIONS
Article 1. Term Definition
For the purposes of this Act, the terms are used in this way:
Non-paycheck-failure to be subject to entrepreneurial
operations to execute after the set of their payment is set
monetary obligations to the creditors, including the wage
payment, and to fulfil the obligation to pay taxes and fees
(mandatory payments) not differently due to recovery
-Pay-ability;
Debtor-entity of entrepreneurial activity
fulfil their monetary obligations to the creditors, including
Obligation to pay taxes and fees (mandatory
of payments), three months after the
The line of their payment
Bankruptcy-recognized by the arbitration court
The debtor will renew his solvency and satisfy the recognized
the court ' s court requirements are not different as through the application
Liquidation procedure;
The subject of bankruptcy (further bankrupt) is a debtor,
unable to fulfill its monetary obligations
It is established by the Court of Arbitration. The subjects of bankruptcy cannot be
to be separated by the structural units of the legal entity (branch,
Representation, Division, etc.);
The lender is a legal or physical person who has
specified order of approved document requirements
monetary obligations to the debtor, regarding the payment of debt
Salaries of debtors ' employees, as well as government bodies
tax authorities and other public authorities who exercise control
by the correctness and timely manner of tax relief and assembly
(mandatory payments);
monetary obligation-the debtor ' s obligation to pay
the creditor is a certain monetary sum according to the civil law
the treaty and other grounds stipulated by a civilian
Legislation of Ukraine. Composition and size of monetary obligations, in
including the size of the owed goods performed by
work and provided services, the sum of interest loans,
which is required to pay the debtor, are determined on the day of the feed in
The arbitration court claims allegations of misconduct in the case of
Bankruptcy, unless otherwise established by the Act. To the warehouse
The monetary obligation of the debtor is not counted by the indecent (penny,
a fine) determined on the day of submission to the arbitration court, but
Also the obligations arising from harm to life and
the health of the citizens, the commitment of the reward of the copyright,
commitment to the founders (participants) of the debtor-the legal
Persons arising from such participation;
The undisputed requirements of creditors-the requirements of creditors, are recognized
Debtor, other requirements of creditors, confirmed by executive
documents or the calculation documents according to
The legislation is write-off of funds from the debtor's accounts;
Pre-trial Santion-Recovery Action System
The arrears of the debtor, who can exercise the owner of the property
(organ, authorized to manage the jersey) of the debtor, the investor, with
The purpose of preventing the debtor's bankruptcy by reorganizing,
Organizational, management, investment,
technical, financial, economic, legal measures according to
the legislation prior to the failure of the failure of the
Bankruptcy;
The board of the debtor is a system of oversight measures
and Control and Order of the Master of the
the aim of ensuring the preservation and effective use of mayors
The assets of the debtor and to conduct the analysis of its financial situation;
The property is a physical entity on which the property is installed
The law of order shall rely on the authority to supervise and control
to be managed and ordered by the board of borrowers for the period
failure in the bankruptcy case in the order established by this
By law;
sanation-a system of activities carried out during the
Bankruptcy proceedings to prevent recognition
The debtor is bankrupt and its elimination aimed at healing.
financial and economic situation of the debtor, as well as the enjoyment of
full volume or partly requirements of creditors by credit,
restructuring the enterprise, debt and capital and (or) change
The organizational and legal and production structure of the debtor;
restructuring enterprise-implementing
Economic, economic, legal,
Technical measures aimed at the reorganization of the enterprise,
in particular by its division with the transition of debt obligations to
a legal entity not subject to santation, if applicable
the plan of santation, on the change of ownership, management,
the legal and legal form that will contribute to the financial
Health care, increasing volumes of output
Competitive products, increased efficiency
The production and satisfaction of creditors ' requirements;
managing sanation is a physical person who according to the decision
The arbitration court organizes the implementation of the debtor's santation;
Liquidation-termination of business subject
recognized by the arbitration court for bankruptcy, for the purpose of
Taking measures to meet the recognized court of requirements
The creditors by selling his property;
The liquidator is a physical person who according to the decision
The arbitration court organizes the implementation of the liquidation procedure
The debtor declared bankrupt, and provides the pleasure of the recognized
The court of order of creditors in the court of order;
An arbitration control (a property agent, a control of the sanal,
The liquidator) is a physical person who has a licence issued in
in accordance with the legislation established, and on the basis of
The arbitration court. The same person can perform functions
of the arbitration control (dissent of the property, the administration of the sanal,
The liquidation of the liquidation of the liquidation
See the requirements of this Act. In case the arbitration court does not
proposed the candidacy of an arbitration manager in established
this Act of order, the arbitration court has the right to appoint
An arbitration managing employee of the state body on matters
Bankruptcy by the post of the last;
the world agreement-an agreement between a debtor and a creditor
(a creditor group) on the remit and (or) a payment of payments
or termination of obligations under the agreement of the parties (further-forgiveness)
Debt);
Official printed bodies-newspaper of the Verkhovna Rada of Ukraine
Voice of Ukraine and the Cabinet of Ministers of Ukraine "Private"
The courier ", printed edition of the relevant regional council for
The location of the debtor;
A representative of the debtor's workers, who is authorized
general gatherings that are present at least as three quarters of
the staff of the debtors to represent their interests
Under the conduct of bankruptcy with the right to vote;
parties in the bankruptcy case-creditors (representative)
Creditors ' committee), debtor (bankrupt);
Participants in the bankruptcy proceedings,
An arbitration control (a property agent, a control of the sanal,
liquidator), owner of property (authority authorized by the master)
The debtor, as well as the cases provided by this Act, others
Persons involved in the bankruptcy proceedings,
State Property Fund of Ukraine, State Agency for
bankruptcy, a spokesman for the local government,
Representative of the debtor's workers;
The person who is responsible for the debtor is a legal entity,
created with the participation of the debtor, the head of the debtor, the
Board member, Chief Accounting Officer
(accountant) debtor, including and released from work a year before
Breach of bankruptcy proceedings, as well as individuals who
are found in family relationships with the individuals and
an entrepreneur (a physical person), a debtor, namely: the couple and their
children, parents, brothers, sisters, grandchildren. For the purposes of this Act
Persons with regard to the management of the sanate or creditor
are recognized by individuals in the same list as the individuals concerned.
Concerning the debtor;
moratorium on meeting requirements of creditors-stoppage
executing a debtor of monetary obligations and a payment obligation
taxes and fees (mandatory payments), lines of execution
Before the day of the introduction of the moratorium, and the halt of the measures,
to ensure the fulfillment of these obligations and
commitment to the payment of taxes and fees (mandatory payments),
The decision to adopt a moratorium;
The creditors ' demands are satisfied with the creditor's requirements,
requirements for which the termination is reached, including
replacement, commitment or termination of an obligation to others,
other requirements that according to this Act are considered
Extinguished;
Significant agreements-deals with the property of the debtor,
the balance of which exceeds one per cent of the balance sheet
The value of the debtor's assets on the day of the agreement;
agreements with regard to the interest,-agreements, parties to which
are interests of the person on the side of the debtor, the controlling sanate or
The creditors.
Article 2. State Authority for Bankruptcy
1. State policy on preventing bankruptcy, as well as
ensure the implementation of the recovery procedures
The solvency of the debtor or the recognition of its bankrupt
of state enterprises and businesses, in the statutory fund of which
the share of state ownership exceeds twenty-five percent,
entities of business activities of other forms of property in
The cases stipulated by this Act shall exercise a state body with
the issues of bankruptcy, which acts on the basis of the provisions approved by
in the order set.
2. The State agency for bankruptcy:
contribute to the creation of organizational, economic, other conditions,
necessary to implement the payment recovery procedures
The debtor or the recognition of his bankrupt;
Offers an arbitration court for candidates for arbitration
(reagents of property, management of sanation, liquidators) for
of state enterprises or businesses, in the statutory fund of which
the share of state ownership exceeds twenty-five percent,
concerning whom the bankruptcy case is violated, and in other cases,
Under this Act;
organizing a system of training of arbitration controls
(dissipation of property, management, and liquidators);
To license the activities of individuals
Entrepreneurial activities
The arbiter controls, and the administration of the property,
Liquidators);
provides bankruptcy procedures for the missing
Debtor;
Make a single database about the enterprise
In the case of bankruptcy proceedings,
Approves the form of presenting arbitration control information,
required to conduct a single database about the enterprise, with respect to
In the case of bankruptcy proceedings;
Organizing the financial situation
of state enterprises and businesses, in the statutory fund of which
the share of state ownership exceeds twenty-five percent, at
preparing bankruptcy proceedings before consideration or during its
to consider the arbitration court in case of a court of expertise and
To provide the appropriate charge;
Prepares for court requests, prosecutors, or other authorized
body of inferences about the presence of a hidden, dummy
Bankruptcy or proof of bankruptcy on the public
enterprises or businesses, in the statutory fund of which share
State ownership exceeds twenty-five per cent;
Preparing for the approval of the Cabinet of Ministers of Ukraine
set of order of default documents on the implementation of procedures
Bankruptcy;
(c) Other mandated legislation.
Article 3. Measures to prevent debtor's bankruptcy
Post-trial procedures
1. Indebtors (participants) of the debtor-legal person, owner
property, central executive bodies, local authorities
Self-government within their authority is required to use
Timely measures to prevent bankruptcy
-The debtor's business.
2. Owner of a property of a debtor of a state or private
enterprises, founders (participants) of the debtor-the legal
persons, creditors of a debtor, by other persons within the
preventing the debtor ' s bankruptcy may be granted financial
assistance in size, sufficient to repay the debtor's obligations
prior to creditors, including obligations to pay taxes and
(mandatory payments) and redress
(...) (...)
3. Provided financial aid to the debtor commits to taking it
its respective obligations to individuals who have provided such a
Assistance in the order established by law.
4. Donation of state enterprises to be failed
the expense of funds from state enterprises and other sources of funding.
Amount of funds available for pre-judicial sanal
enterprises through the funds of the State Budget of Ukraine annually
is set by the Law on the State Budget of Ukraine.
Conditions for pre-judicial sanation of state enterprises in the
the account of other funding sources agree with the organ,
The authorized master of the debtor, in the order set forth
Cabinet of Ministers of Ukraine.
The prosecution of state enterprises is not under way.
to the legislation.
Article 4. Court procedures applied to the debtor
1. According to this Act, the debtor applies
Judicial procedures for bankruptcy:
The order of the debtor;
World Agreement;
(a) A debtor;
The elimination of bankruptcy.
2. Santion of the debtor or the liquidation of the bankrupt is carried out
The proof of the requirements of Ukraine's antitrust legislation.
Article 5. Legislation regulating the proceedings of the
Bankruptcy
1. The bankruptcy proceedings are regulated by this
The Law, the Arbitration Procedure Code of Ukraine 1798-12 ),
Other legislative acts of Ukraine.
2. Special action on the bankruptcy of banks
are regulated by law on banks and banking ( 872-12 ).
3. The bankruptcy proceedings of individual categories
the subjects of business activities are regulated with respect to
of the features predicted by section VI of this Act.
4. The provisions of this Act apply to legal entities,
which act in the form of a consumer society, charity or other
Fund.
5. The provisions of this Act apply to legal entities-
enterprises, which are objects of the rights of state property, which are not
are subject to privatization, in part of the santion or elimination after
exclude them in established order from the list of such facilities.
6. The provisions of this Act do not apply to legal entities
-executed enterprises.
7. The provisions of this Act do not apply to legal entities
enterprises, which are objects of communal ownership, if
concerning them exclusively at the plenary meeting of the
The authorities of the local government have made a decision on this.
8. Profiling for bankruptcy proceedings
Non-resident loans are regulated by this Act, if not
provided by international treaties of Ukraine,
The duty of which is provided by the Verkhovna Rada of Ukraine.
9. Conduct in Ukraine decisions of foreign countries
the bankruptcy cases are determined by the relevant international
the treaties of Ukraine, the consent of which the Supreme
Council of Ukraine.
In the case of the absence of international treaties of Ukraine decision
The courts of foreign affairs in cases of bankruptcy are recognized on
The territory of Ukraine is mutual unless otherwise provided by the law.
Chapter II
BANKRUPTCY PROCEEDINGS
Article 6. Subdue, subduality, law and the basis
Breach of bankruptcy proceedings
1. About the bankruptcy of subdepartments of arbitration courts and
are considered by the local debtor.
2. The right to appeal to an arbitration court
The breach of bankruptcy case has a debtor, a lender.
3. The bankruptcy case is violated by the arbitration court if
The undisputed requirements of the creditor (creditors) to the debtor
Make up at least three hundred and minimum wage sizes,
which were not satisfied with the debtor for three months after
installed to extinguish them if no other is provided
This is the Law.
Article 7. Allegations of bankruptcy violations
1. The bankruptcy of the bankruptcy breach is filed
The debtor or creditor in writing, is signed
the head of the debtor or creditor (another person whose powers are
(a) The President of the General Assembly,
a citizen-a subject of business activities (thereof)
(a) and must contain:
The naming of the arbitration court to which the statement is filed;
naming (surname, name and after father) of the debtor, his
Postal address;
naming a creditor, his postal address, if a creditor
is a legal entity if the lender is a physical person, in a statement
The name, the name, and the place of his father
Habitation
the number (code) that identifies the creditor as a taxpayer and
(mandatory payments);
a schedule of circumstances that confirm insolvency
The debtor, with the sum of the debt requirements of creditors as well as
a string of their execution, the size of the non-rack (penalty, penny), reps
An estimated retirement document from banking or
The correspondent account of the debtor and the date of his acceptance
The bank of the debtor to perform;
a list of documents that are added to the statement.
2. The debtor shall contain other than information;
predicted part of the first of this article, the following information:
the sum of the creditors ' requirements for monetary commitments,
which is not disputed by the debtor;
the size of tax debts and assemblies (mandatory
Payments);
The amount of damage caused by the damage caused by the
life and health, payment of wages and severance
employees of the debtor, the payment of the copyright;
information about the presence of a debtor, including
Cash flows and debts;
the naming of the banks that carry out the calculation and the
The credit card service.
3. Before the statement of the debtor shall be added:
the decision of the owner of the property (authority authorized to govern
(a) A debtor on the appeal of the debtor to the Court of Arbitration
a statement other than the cases stipulated by the fourth of this
;
accounting balance at the last reporting date signed by the
The manager and accountant of the debtor's business;
list and full description of the forced property with the definition of it
Location and cost at the time of the ownership of the bail;
Protocol of the General Assembly of the debtor
selected representative of the debtor to participate in the arbitration
Process for bankruptcy proceedings;
other documents that confirm insolvency
A debtor.
4. Borger delivers a statement to the arbitration court for property,
sufficient to cover the trial costs if the other is not provided
This is the Law.
5. Fighter is required to address lunar lines before
The arbitration court with a statement on the bankruptcy breach in
Case of the following circumstances:
satisfaction of the requirements of one or more creditors will lead to
the impossibility of performing monetary obligations of the debtor in full
Prior to other creditors;
The debtor organ, authorized according to the installation
documents or legislation to decide on liquidation
The debtor made a decision to appeal to the arbitration court with a statement
The debtor of the Bankruptcy Case;
in the liquidation of the debtor not in connection with the bankruptcy procedure
set inability to debtor to meet creditors ' requirements in
Full volume
in other cases stipulated by this Act.
6. In case the bankruptcy case is disrupted by the statement.
The debtor, the debtor is bound to file a santation plan at the same time
See the requirements of this Act.
7. The loan must contain other information;
predicted part of the first of this article, the following information:
the size of the creditor ' s requirements to the debtor of the size
(a) A (or penalty);
-A set of circumstances confirming the presence of an obligation
The debtor in front of the creditor, from which the requirement originated, as well as the lines
His execution;
evidence that the sum of confirmed requirements exceeds the amount of
three hundred minimum wage dimensions, if not
Provided by this Act;
Evidence of creditability of creditor requirements;
other circumstances under which the creditor claims.
8. Prior to the statement of the creditor, the following documents are added:
the court ' s decision, the arbitration court, which examined the requirements
The creditor to the debtor;
a copy of the unpaid calculation document, followed by
In accordance with the laws of the
the debtor accounts, with confirmation by the bank ' s bank debtor
about the adoption of this document to the due date
acceptance, executive documents (executive letter, executive writing)
The notary, etc.) or other documents that confirm recognition
Debtor of creditors ' requirements;
evidence that the cost of the deposit item is insufficient for
full satisfaction of the requirements provided by the casing in case
the only confirmed creditor requirement that delivers a statement is provided
Debtor's assets.
9. The loan of a creditor can be based on a combined
The debtor's debt of various obligations to this
lender.
Creditors have the right to combine their debt requirements and
To court with one statement. Such a statement is signed by all
by the creditors who combined their demands.
In carrying out procedures, the interests of all creditors
represents a creditor committee created according to this
The law.
10. Prior to the statement of the creditor-the State Tax Service Authority
or other state bodies that exercise control over
The correctness and timeliness of the tax and assembly
(mandatory payments), adding evidence to take action to
receive payment on mandatory payments in a set of
Law of order.
The Creditor is required when submitting a violation statement
the bankruptcy proceedings to send a debtor to a copy of the statement and added
It's a document.
12. If at the time of submission of violations of the
The bankruptcy of the court has already received one or several allegations of violations
on the bankruptcy of one debtor, the court views all statements,
including a creditor or a debtor, which is the last one.
13. An allegations of bankruptcy proceedings have been dealt with
The state is still in accordance with the law.
Article 8. Accepting or rejecting a statement of
Breach of bankruptcy proceedings
1. The referee of the arbitration court accepts a statement on the violation of the case
about the bankruptcy filed with the requirements of this Act and
The Arbitration Procedure Code of Ukraine 1798-12 ).
2. Justice of the arbitration court refuses to accept
Breach of bankruptcy proceedings, if:
The debtor is not included in the Single State Registry
enterprises and organizations of Ukraine or to the Register of Subjects
Business activities;
Filed for bankruptcy violations
abolished or reorganized (except for reorganization in form)
(a) Legal entity;
concerning the debtor of a legal or physical entity-subject
Business activities have already been entrusted with the cause of bankruptcy;
if the requirements of creditors who filed a statement of misconduct
about the bankruptcy, there are less than three hundred minimum
the dimensions of wage, if not yet provided by the Act;
The requirements of creditors are fully secured.
3. In case of a refusal to accept, the statement evoked, which
the applicant is not later five days from the day
the statements, along with the statement and added to it.
4. To praise the refusal of a statement may be verified
I'm fine. In case of abolishment of this, the claim is considered
This is the day of the initial appeal to the court of arbitration.
Article 9. Return statement on violation of the case
Bankruptcy
1. Judge not later than five days from the day
statement of breach of bankruptcy proceedings and added to it
The documents without consideration, if:
the statement is signed by a person who has no right to sign it, or
a person whose position is not specified;
in a statement, no full naming of the parties, their mail
Address and other information listed in Article 7 of this Act;
not given evidence regarding payment of state customs in established countries
Order and size;
The applicant did not hold the line specified in the paragraph of the third
Article 1 of this Act;
from other grounds predicted by Article 63 of the Arbitration
the procedural code of Ukraine, subject to the requirements of this Act.
2. The return of the statement does not prevent the repeated appeal from it
to the arbitration court in general order following the removal
A misdemeanor.
3. If the bankruptcy breach is filed a few
the statement and one statement returns without consideration, the judge views others
Statement.
4. Leave a return statement on the violation of the case on
The bankruptcy without consideration can be verified in the order of oversight.
Article 10. Cancel claim of violation of the case on
Bankruptcy
1. The bankruptcy of the bankruptcy case may be
recalled the applicants before the publication in the official print official
the agency ' s announcement of violations of the bankruptcy case or after
of such a publication, if not in the month of the month
other statements of creditors to meet their requirements.
2. The Court shall make the decision to withdraw the statement if it is not
violates the rights of the debtor and creditors.
Article 11. Breach of bankruptcy proceedings
1. Judge, accepting a statement of violations of the case
bankruptcy, not later than on the fifth day of the day of its coming
deliver and directs to the parties and the public authority on matters
The office of the Committee on the
Bankruptcy, in which the application to review the
on the introduction of the debtor ' s order, the appointment
The orderly conduct of the property, the date of the trial of the court,
that is to be held at least thirty days from the day of the adoption
allegations of bankruptcy proceedings, if not otherwise
provided by this Act, the introduction of the moratorium on the satisfaction of the requirements
The creditors.
If there is a statement of violations of the bankruptcy proceedings
assign property to property is not possible, property dissent
is appointed at the preparatory meeting.
2. To date of preparatory meeting of the debtor
is required to submit to the arbitration court and the applicant has pushed back to a statement
About the breach of the bankruptcy case.
3. The debtor shall contain:
Available in the debtor of the applicant's requirements
(Claimants);
total amount owed to the debtor before lenders, in
including salary paid to employees of the debtor, as well as
Taxes and fees (mandatory payments);
Information on the available property, including funds,
which are on its accounts in banks or other
financial and financial institutions, the postal addresses of banks or other
Financial and financial institutions.
4. In the preparatory meeting, the judge evaluates the submitted documents,
Having heard the explanations of the parties, considers the obgrubility of objections
A debtor.
5. To identify all creditors and individuals who have discovered
wish to take part in the debtor santion, the judge in preparation
The meeting will make the decision that the applicant shall apply to
official printed bodies in a ten-day sentence for his account
The announcement of a breach of bankruptcy proceedings. Newspaper
The declaration must contain the full name of the debtor, its post office
address, bank requisition, naming and address of arbitration
the court, the number of the case, the information on the orderly of the property.
6. If a debtor is a public enterprise about which
decided to privatize, the judge will make a decision on
stopping the privatization process to end the failure in the case
about the bankruptcy of this venture. It's the way the organ is headed,
Supervise the Master of the debtor, the State Agency for
Bankruptcy and the relevant state of privatization.
7. To determine the financial position of the debtor in
preparatory meeting of the court or during the proceedings of the
The bankruptcy judge can appoint an expert. On behalf of the Court
The experts are held by the State Agency for Bankruptcy
Bringing her to a specialist in the prescribed order.
In case of an appeal against the debtor's court
the bankruptcy proceedings in the preparatory meeting are revealed
signs of his insolvency.
8. Creditor, under the statement of which the proceedings were entrusted to the
about bankruptcy, has the right to claim additional mayors to
The debtor within the line set in Article 14 of this Act.
9. The Creditor whose requirements are maintained is entitled to
Claim the debtor's requirements in part not secured by the office,
or by the sum of the difference between the size of the requirement and the virus that can be
received on sale of the subject matter if the cost of the subject
The bail is insufficient to fully satisfy his demands.
10. Arbitration court in the decision on the violation of the case
Bankruptcy can have a debtor to submit an audit opinion
or audit. If the debtor doesn't have the money for this,
An arbitration court may appoint an audit to be audited
a creditor only by the consent of the latter.
The lack of an audit opinion does not stop the failure of the
bankruptcy proceedings and is not a basis for termination
The failure of the case.
11. In the results of the statement of the creditor and the retrial
The debtor in the preparatory meeting was worn out, in which
defined by:
the size of creditors ' demands that filed a statement of violations
The case of bankruptcy;
The date of the transaction of the property of the creditors ' registry,
which has to be compiled and applied to the arbitration court on
approval no later than two months and ten days after date
Holding a preparatory meeting;
the date of the previous meeting of the court to be held
months after the date of the preparatory meeting
Court;
the date of convening the first general assembly of creditors who have
take place no later than three months and ten days after the date
Holding a preparatory meeting;
the date of the trial of the Court
The debtor sanate, or the debtor's recognition of bankruptcy and discovery
liquidation procedure, or discontinuation of the proceedings
bankruptcy that should happen no later than six months after the date
Holding a preparatory meeting.
The Court of Justice issued a termination of the proceedings against the
Bankruptcy for the presence of a sub-stipulated article 40 of this
The law.
It can be tested in order of surveillance.
12. The failure of the debtor does not stop the failure of the
Case.
13. If the applicant does not fulfill the requirements of the arbitration court
concerning the publication of the publication of the announcement of the failure of the
bankruptcy in the statement of lines, the arbitration court has the right to leave
-A statement of bankruptcy violations without consideration.
14. From the day of the sentencing, there was a breakdown of the failure of the proceedings
about the bankruptcy decision on the reorganization or liquidation of the legal
the debtor is accepted in the order defined by the Act.
15. After the announcement of the announcement of the breach of the case on
Bankruptcy in the official printed organ of all creditors
regardless of the occurrence of the execution string, the obligation is entitled
submit statements with cash requirements to the debtor according to the article
14 of this Act.
16. After leaving the statement of the original applicant without consideration
The arbitration court decides on the issue of the failure of the proceedings.
about bankruptcy under the statement of another creditor, according to
The calendar is to be applied to an arbitration court.
Article 12. Provide cash requirements for creditors and a moratorium
to meet the requirements of creditors
1. The arbitration court has the right to petition the parties or
participants in the bankruptcy case, or for their
the initiative to take measures to ensure cash requirements
According to the Arbitration Procedure Code of Ukraine and
This Act, which has been evoked, is:
1) impose arrest on all or part of the property or money
of funds belonging to the debtor or persons responsible for the
Debtor's obligations;
Obligate a debtor to transfer securities, currency
values, other property on storage of third persons or to use others
Measures to preserve his property;
ban the officials from the debtor or owner of his property
whether or not authorized by the authority or other persons to commit certain actions
For the master's assets of the debtor;
forbid the owner of the debtor's property or authorized it
the body to act against the reorganization or elimination of the legal
Debtor;
2) prohibit without the consent of the estate of the estate to teach and
Make agreements:
related to the transfer of real estate in rent, bail, from
to make the listed assets as a contribution to a statutory fund
Owners, or to dispose of the other
How's
associated with the recipient and issuing loan (credits),
of sponsorship, issuing guarantees, assignment of requirements, transfer of
Debt, as well as a transfer to confidence management of the debtor's property;
With respect to the other board, the balance value
which amounts to more than one percent of the balance of assets
A debtor.
2. In the decision on the failure of the proceedings
Bankruptcy is pointed out about the introduction of a moratorium on the satisfaction of the requirements
The creditors. Moratorium on the satisfaction of creditors ' requirements
on the obligation, the lines of execution which are brought to the submission of a statement
About the breach of the bankruptcy case. The moratorium is imposed on the
satisfaction of all creditors ' requirements other than cases stipulated by this
By law.
3. During the action of the moratorium on the satisfaction of creditors ' requirements:
ban the charge on the basis of the executive documents and
Other documents by which the charge is made according to
Legislation
unworthy (penalty, penny), other financial
(economic) sanctions for non-execution or non-performance
monetary obligations and obligations to pay taxes and fees
(optional).
4. Moratorium on the satisfaction of creditors does not extend
Payment, alimony, damage,
of the health and life of the citizens, the author's reward,
also to meet the requirements of creditors arising from the
Debtor's obligations to the board of debtors
And Sana'a.
5. After the end of the moratorium on the satisfaction of the requirements
creditors due to the end or early termination
procedures of sanation or liquidation procedure or approval
The arbitration court of the world ' s non-persistent (fine, penny) agreement, as well as
the amount of damages that the debtor had to pay
creditors on monetary commitments and obligations regarding
payment of taxes and fees (mandatory payments), may be
announced prior to the payment in the sizes that have existed on the date of entry
a moratorium, unless otherwise provided by this Act.
6. Steps to ensure the monetary requirements of creditors can
to be used at the same time as the excursions of the disturbance of the failure of the proceedings
in the bankruptcy case or after that in any stage
Failure in the bankruptcy case. Enforcement measures
the loan requirements are cancelled in case of approval
the arbitration court of the report of the guiding santation or termination of the santation
The debtor, or the recognition of the debtor of bankrupt and the discovery
liquidation procedure, or the approval of the world ' s arbitration court
an agreement or a refusal to recognize a debtor in bankruptcy.
Arbitration court has the right to cancel measures to ensure
the monetary requirements of the creditors prior to the circumstances prescribed by this
a part of what is appropriate to the whichever you might be
Check out the surveillance order.
Article 13. Debtor's Property
1. To ensure the main interests of creditors in
Adoption of the report of the Committee on the
Bankruptcy or in the adoption of the meeting,
is indicated by the board and the board.
is assigned to the order of the property in the order established by this
By law.
2. Property division is appointed by the arbitration court on the number of
persons registered by the State Agency for Bankruptcy
arbitration control, information of which is provided in the installation
Order of the Supreme Arbitration Court of Ukraine.
Creditors have the right to offer the order of the ordinator
Property that meets the requirements stipulated by this Act.
3. If another is not provided by this Act, the order of the property
may be intended to be a physical entity-subject of an enterprise
activities that have a higher legal or economic education or possess a
special knowledge, is not an interest in person about
The debtor and creditors according to Article 1 of this Act and which
has a license of an arbitration control issued in the prescribed
Law of order.
4. In-order deprivation of property
licenses are the basis for sentencing by the arbitration court.
The removal of the orderly estate from the fulfillment of his duties.
5. No person can be appointed as a member of the property:
" We've done the management of the debtor-the legal entity,
with the exception of cases where since the removal of the given person from
The management of the debtor was at least three years old;
Have a criminal record for committing helpful crimes.
6. Leave the court the appointment of the property of the estate may be
Check out the surveillance order.
7. The property is reserved for no more than one row.
Six months. This string can be extended or reduced
by the Court of Justice for the petitation of the creditors ' committee or the order of the most
property or owner (an authority authorized by the master)
A debtor.
8. The order of property is entitled to:
call out fees of creditors and participate in their right to
The right to vote;
analyze the financial position of the debtor and recommend
The creditors of creditors measures the financial recovery of the debtor;
to return to the arbitration court in cases foreseen in this case
By law;
receive the reward in size and order stipulated by this
By law;
involve to ensure the fulfillment of its
the contractual basis of specialists with paying their activities out of funds
debtor unless otherwise provided by this Act or decision
Committee of creditors
to apply for an arbitration court a statement of early termination
Their duties;
To exercise other powers provided by the Act.
9. Property of property is required:
consider together with officials of the debtor of the copy of the statement
The creditors about cash requirements to the debtor who came to the
of the Court of Arbitration in connection with the breach of bankruptcy proceedings and
sent to the debtor in this Act of order;
To register the requirements of creditors in established order;
notify creditors about the results of their requirements
Debtor and the incorporation of recognized requirements to register the requirements of creditors
or on the failure to recognize the requirements of the debtor;
Take measures to protect the property of the debtor;
analyse financial, economic and investment
The activity of the debtor, its position in the commodity markets;
Detect signs of fictitious bankruptcy or proof before
Bankruptcy;
Convene a meeting of creditors;
To provide the public authority on the bankruptcy of information,
required to conduct a unified database about the enterprise, with respect to
In the case of bankruptcy;
provide arbitration court and creditor committee report on
The activity, the financial situation of the debtor,
Suggestions for the possibility of renewal of a debtor's solvency;
Perform other functions provided by this Act.
10. When the office of the estate is exercised
required to act in good faith, wise, to take into account the interests of the
The debtor and his creditors.
The property is responsible for unlying.
In accordance with the legislation of Ukraine.
The authority of the arbitration authority as a property of the property
have ceased from the day of approval by the arbitration court of the world agreement or
assigning control sanation or the purpose of the liquidator if
otherwise not provided by this Act.
11. After the appointment of the property of the Property of the Authority
The debtor does not have the right to make decisions about:
reorganize (merge, join, partition, allocation,
Conversion and liquidation of the debtor;
creation of legal entities or about participation in other legal
Persons;
Creation of branches and offices;
Payment of dividends;
Holding the securities emission debtor;
the exit of the participants of the juridical debtor, the acquisition
the shareholders of the previously issued stock of the debtor.
12. The decision on the participation of the debtor in the associations, associations,
unions, holding companies, industrial and financial groups, or
other associations of legal entities are accepted by the authorities
A debtor at the consent of the estate of the property.
13. The manager or the debtor's authority is solely for the
Deal with the order of the property is made by the following:
Transfer of fixed assets to rent, bail, deposit,
Assets listed as an contribution to a statutory fund
Societies or orders in such a major way;
receiving and issuing loans (credits), sponsorship and issuance
guarantees, assignments of requirements, transfer of debt, as well as transfers to
Confidence management of the debtor's property;
The possession of a different master of debtor, the balance of which is
is more than one percent of the balance value of the debtor's assets.
14. Property division has no right to intervene in
The operational and economic activity of the debtor, in addition to the cases,
To be foreseen by this Act.
15. The relevance of the property of the property is not a basis for
Termination of the authority of the head or office of the debtor.
16. Powers of the head of debtor or of the authorities
the debtor, put on them according to the legislation or
the installation documents may be terminated if not
Take precautions to ensure the preservation of the debtor's property,
Whether other people are allowed to interfere with the property of the property or to be allowed
Legislation violation. In that case, at the committee's petition.
The creditors of the execution of the head of the debtor
An arbitration court temporarily rests on the property of the property before
the purpose of the order specified by the legislation and
the new leader of the debtor. About termination of office
the head or organ of the debtor of the arbitration court
An adoption that can be checked in the surveillance order.
17. From the day of sentencing, the arbitral tribunal has been asked to cease
The authority of the debtor of the debtor or the organ of the debtor
The estate officer for three days is passed by an accounting officer
and other documentation of the debtor, seals and stamps, material and
Other values.
Article 14. Identify the creditors and persons who wish
to participate in the debtor santation
1. Creditors in lunar row from the day of publication in
the official printed organ of the announcement of the violation of the case on
The bankruptcy is filed in an arbitration court written about monetary policy.
the debtor's requirements, and the documents that prove them. Copies
the stated statements and added credits to the creditors are sent to
A debtor. Borger along with disorderly property as a result
review of these requirements recognizes them or denies that the disorderly
The property reports to a written statement and an arbitration court. Recognized
The debtor of monetary requirements is included in the order of property to
register of the creditors ' requirements.