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Legal status of persons controlling the debtor in insolvency (bankruptcy) procedures

Student: Shevchenko Dmitriy

Supervisor: Maria Panarina

Faculty: Faculty of Law

Educational Programme: Legal Support of Personnel Management (Master)

Final Grade: 9

Year of Graduation: 2020

The aim of the final qualification work is to conduct a systematic analysis of the current regulation of the legal situation in relation to insolvency (bankruptcy) in the light of the legislative reforms, in the format of the commentary. As part of the study, the author was faced with the task of studying the history of the design of the legal entity and the responsibility of the persons controlling the debtor, as well as identifying the essential characteristics of the legal status of the persons controlling the debtor by examining the concept of the controlling debtor of the person, its features, as well as the system of presumptions established by law for such a status. Since the study of the legal status of the subject of law is impossible without establishing all its elements, the work examines the material and procedural rights and obligations inherent in this category of persons, as well as the grounds for holding these persons accountable. Additionally, the work discusses the stages of reforming the provisions of the legislation on insolvency (bankruptcy), concerning the legal status of persons controlling the debtor, as well as the legal positions of the highest judicial instances, in particular, discusses the content of the obligation of persons controlling the debtor to act in good faith and reasonably, in the interests of the debtor. Thus, this work is a comprehensive study affecting all aspects of the legal status of persons controlling the debtor.

Full text (added May 20, 2020)

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