Щодо правового забезпечення інтересів кредиторів та боржників при ліквідації підприємницьких товариств, не пов’язаній з банкрутством

This article analyzes the issues arising for creditors and debtors in connection with the termination of business entities and their involvement in the liquidation procedure. Attention is drawn to the fact that, in its legal form, the liquidation procedure aims to regulate economic relations, which, in essence, represent disruptions in economic connections and supply chains involving the affected entity. From this, the overall goal of legal regulation in the liquidation procedure is defined as minimizing the negative consequences of economic disruptions caused by the liquidation of a business entity. It is argued that reinstating a business entity in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations based on a court decision does not automatically restore creditors’ rights. Instead, creditors must submit new legal claims to restore the property rights of the liquidated legal entity, making this an ineffective means of creditor protection. In this regard, recommendations are provided for creditors whose rights have been violated during the liquidation process. It is suggested that they protect their property rights by filing property claims against individuals who have acquired specific assets. Violated rights in contractual and other obligations should be restored through lawsuits against those responsible for infringing on creditors’ rights, with the introduction of joint liability for liquidation commission members in legislation. Furthermore, it is emphasized that creditors have an interest in being promptly informed of changes in the legal status of a business entity undergoing liquidation. Therefore, it is proposed to establish a mandatory obligation to notify creditors in advance of their counterparty’s liquidation. To eliminate uncertainties regarding the notification period for creditors and debtors about the liquidation process, it is recommended to amend Part 1 of Article 111 of the Civil Code of Ukraine. Specifically, the notification period should be set at three business days from the moment the obligation is identified. To protect the interests of debtors with financial obligations who, due to their counterparty’s liquidation, cannot expect reciprocal performance, a special provision should be included in Article 111 of the Civil Code of Ukraine granting the debtor the right to unilaterally refuse to fulfill such obligations.