The role of the representatives of the judiciary in the establishment and development of bankruptcy law in independent Ukraine

Abstract

Bankruptcy as a phenomenon of the legal order has recently attracted the attention of scientists. Since the proclamation of Ukraine’s independence, a number of very serious theoretical works on bankruptcy have been created, which are a rich source of dogmatic material that fully reflects the diversity and evolution of scientific views on the processes related to the emergence, formation and development of domestic bankruptcy law.
In fact, legal science since the late 90’s of last century, being placed in a qualitatively different from previous conditions, paid considerable attention to rethinking the conceptual foundations of bankruptcy law, which began to be actively and consistently developed in the scientific literature, including current issues: improvement, codification of bankruptcy legislation; optimization of the conceptual and categorical apparatus of bankruptcy; state policy in the field of bankruptcy; determining the legal nature of bankruptcy relations; specifics of the legal status of the parties and other participants in these relations; procedural principles and features of bankruptcy proceedings; definition and content of bankruptcy proceedings and others.
The works are devoted to the named and other problems: R. G. Afanasyeva, А. M. Biryukova, A. A Butyrsky, I. О. Vechirko, L. I. Grabovan, V. V. June, O. A. Latinina, B. M. Polyakova, P. D. Priguzi, V. V. Radziviluk, Y. G. Ryabtseva, E. V. Sgari, O. O. Stepanova, T. V. Stefaniva, M. I. Titova, T. M. Chubar and other scientists.
Bankruptcy law theory is an integral part of national general legal theory. In law, it has always been and is the basis in which the concentrated views of scholars on such a unique legal phenomenon as bankruptcy are accumulated in a concentrated form, dominating in legal science.
The urgent need at this time is to fill the existing gaps, a comprehensive and systematic approach to the study of bankruptcy as a unique legal phenomenon and purpose, formulation, with the rest of a holistic vision of modern prospects for its development in national doctrine and legislation.