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Via Draft Law No.7094 On Amendments to the Law of Ukraine On Renewal of the Debtor’s Solvency or Declaring him a Bankrupt Regarding Enforcement of the Right to a Fair Trial by Bankruptcy Participants it was proposed to regulate the issue of determining court jurisdiction over the subject matter of all categories of cases within a bankruptcy procedure. How can this initiative influence the process of legal support in bankruptcy proceedings?
The proposed Draft may become necessary for some particular cases, but such exceptions should not become a subject for individual changes in the basic law. This Draft does not take into account the current regulation of the jurisdiction of disputes at the level of the plenum of the Supreme Economic Court of Ukraine, and also gives an erroneous interpretation of the difference between general and special regulations as a lack of procedure.
At the moment, the necessary disputes are already combined under one case number, and consideration of the current claims by another composition of a court is not critical to legislators settling the problem. Unfortunately, in Draft No. 7094 there is excessive scaling up of the ability to renew the debtor’s solvency in the context of the insignificant role of deductions to the Pension Fund in the General Register of Creditors’ Claims.
Author – Orest Tsimerman, Associate at INTERITES
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