FEATURES OF THE PERFORMANCE OF THE PROCEDURE FOR CONTROL BY ACTIVITY OF ARBITRATION MANAGER
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 6
Abstract
In this article, the peculiarities, purpose and tasks of the control procedures for the activity of the arbitration manager are investigated. It is noted that the control over the activities of arbitration managers is one of the main powers of the Ministry of Justice of Ukraine as a state body on bankruptcy. Bankruptcy cases always cause a lot of questions and controversies both in arbitration managers and in other participants in proceedings that appeal to the Ministry of Justice with complaints about the activities of arbitration managers. It is noted that an appeal can be made by any person, not even a party to the case, which happens in practice, and, on the one hand, may prove to be an effective instrument for the protection of the rights of subjects not involved in the bankruptcy case and, on the other hand, to become an instrument numerous procedural sabotage from the "false" complainants. It has been established that the disciplinary penalties imposed on the arbitration manager are a warning, deprivation of the right to exercise the activities of the arbitration manager (property manager, reorganization manager, liquidator). A decision to impose a disciplinary sanction may be taken by the Disciplinary Commission within two months from the date of detection of the misdemeanor, but not later than one year from the day in which it was made. At present, arbitration managers face a number of problems in practice, but their reasons for their emergence and the effectiveness of legal protection play an important role in their professionalism and the legality of the legal actions they carry out. Thus, the arbitration manager has an incentive to prevent in his work violations of the requirements of the legislation on bankruptcy, the rights of the debtor and the lenders, because in the case of detection of committing them gross violations of the requirements of the law, it is possible to bring the arbitration manager to disciplinary and administrative – cancellation of his right to performance of the activity of the arbitration manager (property manager, sanitation manager, liquidator).
Authors and Affiliations
Bohdan Yarynko
Keywords
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- EP ID EP576730
- DOI 10.25313/2520-2308-2018-6-4108
- Views 105
- Downloads 0
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