Правові проблеми діяльності арбітражного керуючого в процедурі формування ліквідаційної маси та поверненні активів боржника

The article examines the role of the arbitration manager performing the functions of a liquidator as the central figure in bankruptcy proceedings. It defines and investigates the legal status and powers of the liquidator depending on the nature and direction of his/her actions, and identifies the primary duty of the liquidator, which consists in implementing the full range of measures aimed at searching for and identifying the debtor's assets, as well as taking sufficient and effective steps to recover (reclaim) them from the possession of third parties. In light of the purpose and objectives of the scientific study, the article analyses key practical problems encountered by the arbitration manager in the procedure of forming the liquidation estate and recovering the debtor's assets. It examines deficiencies in the legal regulation that affect the effectiveness of the arbitration manager's activities in the liquidation procedure for legal entities. These shortcomings are inherent not only in the current Code of Ukraine on Bankruptcy Procedures (hereafter CUBP) — the principal legislative act in this field — but also in other laws of Ukraine, including the Law of Ukraine "On Court Fees" and the Law of Ukraine "On Banks and Banking". In order to enhance the effectiveness of the arbitration manager's activities in forming the liquidation estate and recovering the debtor's assets, the introduction of appropriate legislative amendments is proposed to: point 4 of part 1 of Article 12 of the Code of Ukraine on Bankruptcy Procedures; point 1 of part 1 of Article 61 of the Code of Ukraine on Bankruptcy Procedures; point 12 of part 4 of Article 62 of the Law of Ukraine "On Banks and Banking"; point 4 of part 1 of Article 8 of the Law of Ukraine "On Court Fees". It is established that the implementation of the aforementioned legislative amendments to the current legislation of Ukraine will not entail any expenditures from the state or local budgets, while at the same time contributing to an increase in the efficiency of the arbitration manager's performance of the duties assigned to him/her