Особливості оскарження судових рішень, що ухвалюються за результатами розгляду відокремлених проваджень у справах про банкрутство

The article is devoted to the study of the features of appealing court decisions made in separate proceedings in bankruptcy cases in Ukraine, taking into account national legislation, judicial practice of the Supreme Court and European experience. It is emphasized that the purpose of this article is to study the specifics of appealing court decisions made within the framework of separate proceedings in bankruptcy cases, taking into account doctrinal views, judicial practice and proposals for improving regulatory regulation. It is noted that the bankruptcy procedure is a complex multi-stage process, where separate proceedings play a key role in resolving individual disputes, such as recognizing creditors’ claims, appealing auctions or bringing to subsidiary liability. These decisions, although not final, significantly affect the rights of participants, in particular, the formation of the liquidation estate and the priority of satisfying claims. The legal nature of decisions made in separate proceedings within the bankruptcy case has been analyzed, and key problems of their appeal and cassation appeal have been identified. It has been proven that in Ukraine the current legislation is characterized by legal uncertainty due to the lack of a clear list of decisions that are subject to appeal or cassation review. This leads to uneven judicial practice and restrictions on the right to effective legal protection. A comparative analysis with European jurisdictions shows the advantages of a more flexible approach, where exceptions and admission criteria are applied instead of general prohibitions on cassation. It is proposed to improve the procedural legislation of Ukraine by introducing a unified approach to appeal, expanding the criteria for cassation review and establishing a presumption of appealability of decisions with substantive legal significance. Such changes will contribute to increasing legal certainty, the efficiency of bankruptcy and harmonization with European standards. In addition, the generalization of legal positions by the Supreme Court can become a tool for ensuring the unity of practice. This will eliminate gaps in regulation and increase confidence in judicial protection in bankruptcy cases.