The Bankruptcy of State Enterprises in Ukraine through the Prism of the practice of the European Court of Human Rights
(Pages 152-159)Nataliia Melnychenko1,*, Olha Podilchak2, Nataliia Bondarenko3, Andrii Zakharchuk4 and Oleksii Alonkin5
1PhD in Law, Associate Professor State University of Trade and Economics, Faculty of International Tradeand Law, Department of International, Civil and Commercial Law, 19, Kyotostr., Kyiv, 02156, Ukraine.
2PhD in Law, Associate Professor State University of Trade and Economics, Faculty of International Trade and Law, Department of Legal Support for Entrepreneurship Security, 19, Kyotostr., Kyiv, 02156, Ukraine.
3PhD in Law, Associate Professor State University of Trade and Economics, Faculty of International Trade and Law, Department of Legal Support for Entrepreneurship Security, 19, Kyotostr., Kyiv, 02156, Ukraine.
4Doctor of Law, Professor State University of Trade and Economics, Faculty of International Trade and Law, Department of Legal Support for Entrepreneurship Security 19, Kyotostr., Kyiv, 02156, Ukraine.
5PhD in Law, Associate Professor, State University of Trade and Economics, Faculty of International Trade and Law, Department of Legal Support for Entrepreneurship Security 19, Kyotostr., Kyiv, 02156, Ukraine.
DOI: https://doi.org/10.55365/1923.x2023.21.15
Abstract:
The market economy, on the principles of which the Ukrainian society develops, assumes that business entities are created, develop and as a result of miscalculations in the management system may cease to exist. On the legal plane, the process of termination of the enterprise occurs by the recognition of insolvency and the passage of the procedure of bankruptcy. State-owned enterprises are not an exception. They can also be an inefficient business entity and require legal registration for the termination of activities. Taking into account the topicality, the article’s aim was defined in accordance with the already considered cases. Namely: the Ukraine’s state enterprises bankruptcy through the European Court of Human Rights prism. One took into account all the peculiarities concerned with the topical issue. In the research the analysis of real cases of declaring bankruptcy of Ukrainian state enterprises was carried out from the plane of human rights protection taking into account the practice of the European Court of Human Rights. The analysis of peculiarities of establishing the procedure for the disposition of property and repayment of obligations of state-owned enterprises in accordance with court decisions was carried out. It is established that since 2019 there is no legislative possibility of recognition of bankruptcy of state enterprise, which on the one hand minimizes misconduct towards state enterprises and deprives the possibility of abuse, and on the other hand - complicates the process of terminating the existence of inefficient state enterprises that cause damage to the state and through the law, unsettlement cannot be eliminated. The practical significance of the obtained results is the advisability of taking into account the experience of human rights protection in the process of bankruptcy proceedings against state-owned enterprises.
Keywords:
Bankruptcy of state enterprises, Bankruptcy case, Human rights, solvency.
JEL Classification:
K35, G33.
How to Cite:
Nataliia Melnychenko, Olha Podilchak, Nataliia Bondarenko, Andrii Zakharchuk and Oleksii Alonkin. The Bankruptcy of State Enterprises in Ukraine through the Prism of the practice of the European Court of Human Rights. [ref]: vol.21.2023. available at: https://refpress.org/ref-vol21-a15/
Licensee REF Press This is an open access article licensed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted, non-commercial use, distribution and reproduction in any medium, provided the work is properly cited.