Bankruptcy procedures in Ukraine: a comparative analysis is a legal study of the state of development of the bankruptcy system in Ukraine with a full review of current bankruptcy legislation after the last reform and the adoption in 2018 of the Bankruptcy Code.
The evaluation exercise (the Exercise) concerns implementation of Justice Sector Reform Strategy and Action Plan of Ukraine for 2015-2020 (JSRSAP). The Evaluation package consists of 10 reports and the current introductory review.
Discretionary powers enable a public authority, a local self-governance body, or any other administrative authority (hereinafter – administrative authority) to make the best balanced and fair decisions when applying law. In 2019, Ukrainian Administrative Procedure Monitoring, which was carried out by the EU Project Pravo-Justice, dealt with discretion of administrative authorities and judicial control over its application. The results of the monitoring showed that the domestic law lacks clear rules on the limits of judicial interference with the discretion of administrative authorities while in the meantime, there is no distinction between the discretion of elected and non-elected authorities and no difference in the scope of judicial review of individual and collective decisions. At the same time, the study found that the concepts of interpretation of laws and discretion are not sufficiently distinguished in all areas of Ukrainian legal doctrine. Accordingly, within the framework of the EU Pravo-Justice Project, a group of national and international experts examined the discretion of administrative authorities and judicial control over its exercise in terms of legal doctrine, European standards, national legislation, and judicial practice.
In the field of insolvency and bankruptcy, the disciplinary liability of bankruptcy trustees for the results of their professional activities occupies a special place. The reason for this is the performance of bankruptcy trustees of public law functions relating to the management and sale of assets of bankrupt enterprises to repay accounts payable.
This aim of this report is to address issues of the development of the Unified Judicial Information and Telecommunication System (UJITS), which is provided by the laws and procedural codes as an instrument of e-services in court proceedings.