TERMS APPLICABLE DURING CONSIDERATION OF SEPARATE BANKRUPTCY PROCEEDINGS

Abstract

The legal regulation of proceedings in bankruptcy cases in general, as well as separate proceedings in such cases in particular, has a dualistic nature, because here both the norms of the Code of Ukraine on Bankruptcy Procedures and the norms of the Economic Procedural Code of Ukraine are subject to application of Ukraine. At the same time, if we talk about the terms that are subject to application in such cases, we can safely add the Civil Code of Ukraine, because the question of statute of limitations is often of decisive importance in this category of cases. Such a variety of time limits, which are subject to application in separate proceedings in bankruptcy cases, makes it necessary to conduct a study of this issue. The article is devoted to the study of the terms used during the consideration of separate proceedings in the case of bankruptcy. The purpose of the article is to disclose the terms applicable in separate proceedings in bankruptcy cases, to identify the peculiarities of their application in separate proceedings in bankruptcy cases. The peculiarities of the application of economic and procedural terms during the consideration of separate proceedings in the case of bankruptcy are characterized. The specifics of the application of the statute of limitations in bankruptcy cases have been revealed. In order for creditors, claims to be satisfied really fairly, it is important to prevent the recognition of those claims for which the statute of limitations has been missed. In this regard, the issue of the beginning of the statute of limitations, the specifics of its application in a bankruptcy case always causes a lot of disputes in practice, and even judicial errors in these matters. Specific time periods applied in separate proceedings in bankruptcy cases are described, namely the time period for filing creditor claims and the three-year period of the “suspicious period”, during which the issue of invalidating the debtor’s acts in the bankruptcy case can be initiated. Based on the results of the conducted research, the author comes to the conclusion that material-legal and economic-procedural terms are used in separate proceedings with a number of peculiarities, which is determined by the specifics of both bankruptcy cases in general and separate proceedings in particular.