PROBLEMS OF PROTECTING CREDITORS' RIGHTS IN BANKRUPTCY CASES OF DEBTORS LOCATED IN TEMPORARILY OCCUPIED TERRITORIES

Abstract

The article is devoted to the study of the issues of protecting the rights of creditors in bankruptcy cases of debtors located in temporarily occupied territories. The presence of a debtor or his property in a temporarily occupied territory significantly complicates both the course of already opened bankruptcy proceedings and the opening of new bankruptcy cases. The author considers the issue of repaying the claims of debtors located in the occupied territory in several aspects: 1) bankruptcy cases pending in courts located in temporarily occupied territories; 2) the debtor is located in the temporarily occupied territory; 3) the debtor's property is located in the temporarily occupied territory. It is substantiated that in the case where a bankruptcy case remains in a court located in a temporarily occupied territory, scanned court case materials contained in the relevant court should be used. If this is also impossible, then the need to apply by analogy the provisions of Section VIII of the Commercial Procedure Code of Ukraine “Resumption of lost court proceedings by a commercial court” is argued. It is emphasized that the impossibility of opening proceedings in bankruptcy cases against debtors located in uncontrolled territory limits the rights of creditors, however, such a limitation is due to the need for the commercial court to objectively assess all the circumstances of the case, and in the case of the debtor or his property being located in a temporarily occupied territory, this seems impossible. It is justified that in the case of the liquidator’s lack of access to the debtor’s property located in a temporarily occupied territory, it is necessary to allow the liquidator to submit the liquidation balance of the bankrupt, in which the aforementioned property should be separately indicated. In turn, the court, having received such a liquidation balance, has the right to close the proceedings in the bankruptcy case, and after the deoccupation of our territory, in the event of the actual presence of the bankrupt’s property, the proceedings in the bankruptcy case are subject to renewal on the basis of para. 2 Part 3 of Article 65 of the Code of Ukraine on Bankruptcy Procedures.