Features of separate proceedings in bankruptcy cases under the legislation of European countries
The article is devoted to the study of the features of separate proceedings in bankruptcy cases under the legislation of European countries in order to improve the relevant mechanisms in Ukraine. It is noted that the modern global economy, characterized by complex relationships between enterprises, gives rise to financial difficulties and insolvency, which emphasizes the importance of the institution of bankruptcy as a tool for protecting the rights of creditors and effective allocation of resources. Separate proceedings are considered as a procedural mechanism that allows resolving individual legal disputes without delaying the main bankruptcy procedure, ensuring flexibility and procedural economy. The relevance of the study is due to the increase in the number of insolvency cases in Ukraine, the reform of the judicial system and the need to adapt to European standards, despite the lack of a unified approach to this institution in different legal systems. The article provides a comparative analysis of the legislation of such European countries as Germany, Italy, Sweden, Norway and Portugal. It was found that, despite the general principle of concentrating all bankruptcy-related disputes within a single proceeding, the specific mechanisms for implementing this principle vary significantly. In most countries, disputes related to bankruptcy, but having a different subject matter, are integrated into the main proceedings or are considered within the same court, which ensures effective coordination and avoidance of conflicts of decisions. At the same time, some categories of disputes, such as labor or administrative, can be transferred to specialized courts, while the court considering the bankruptcy case retains control over their impact on the bankruptcy estate. Based on an analysis of European experience, it is proposed to improve the Ukrainian approach by establishing clear criteria for jurisdiction, introducing more flexible mechanisms for internal judicial control and optimizing interaction between courts. Such measures will contribute to increasing the efficiency of bankruptcy procedures and protecting the interests of the participants in the process, taking into account the specifics of the Ukrainian legal system and the directions of judicial reform.
Authors
- Yu. S. Fedorenko
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-05-20
- DOI
- https://doi.org/10.24144/2307-3322.2025.88.2.13
- Primary Topic
- Corporate Governance and Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00