Peculiarities of applying the provisions of the Economic Procedural Code of Ukraine in bankruptcy proceedings

The article examines the peculiarities of applying the provisions of the Economic Procedural Code of Ukraine (EPC of Ukraine) in bankruptcy cases. It is emphasized that the Code of Ukraine on Bankruptcy Procedures (Bankruptcy Code) is a substantive and procedural legal act, while the EPC of Ukraine is purely a procedural act. This leads to a division in the regulation of procedural aspects, resulting in the application of the EPC of Ukraine in cases where there are gaps in the Bankruptcy Code. At the same time, even the provisions of the EPC of Ukraine do not always cover all procedural issues, which gives rise to certain problems in law enforcement practice. The authors analyze practical problems that arise in connection with the application of certain provisions of the EPC of Ukraine in bankruptcy cases, in particular, the issue of suspension of separate proceedings in bankruptcy cases, the assessment of creditors’ monetary claims confirmed by arbitral awards, and the application of an increased standard of proof regarding the substantiation of creditors’ claims. Special attention is paid to the specifics of applying the principle of res judicata in bankruptcy cases. In particular, the authors emphasize that courts have the right to question even monetary claims confirmed by a court decision that has entered into legal force, but only in exceptional cases, which necessitates additional substantiation of such claims by the creditor using an increased standard of proof. The article also addresses the issue of recognizing transactions as invalid in bankruptcy procedures, emphasizing that although this tool is intended to replenish the liquidation estate, it is also a means of restoring the legal order in the relations between creditors and the debtor. It has been established that an arbitral award is not an independent basis for exempting a creditor from proving the circumstances underlying their monetary claims, which is consistent with the latest judicial practice. Thus, the research conducted by the authors highlights the need to adapt the provisions of the EPC of Ukraine to the specifics of bankruptcy procedures, taking into account the competitive nature of the proceedings, the increased standards of proof, as well as the latest practice of the Supreme Court of Ukraine.