Bankruptcy in Ukraine and the EU

Course: «Еducational and Professional Program Law»

Structural unit: Education and Research Law School

Title
Bankruptcy in Ukraine and the EU
Code
Module type
Вибіркова дисципліна для ОП
Educational cycle
First
Year of study when the component is delivered
2023/2024
Semester/trimester when the component is delivered
4 Semester
Number of ECTS credits allocated
3
Learning outcomes
Know the legislation of Ukraine whose provisions regulate bankruptcy relations, bankruptcy law, insolvency, competition of leading EU member states, European law of insolvency (bankruptcy), international legal acts on cross-border insolvency, ways to create an institutional mechanism for adapting Ukrainian legislation to EU legislation. Analyse, critically process the provisions of national bankruptcy legislation and its main provisions, insolvency, competition of leading European countries, European insolvency law (bankruptcy), international legislation in the field of cross-border insolvency proceedings and address issues related to the problems of normalization of bankruptcy relations by national legislation using the positive experience of legal regulation of insolvency of the debtor in the leading EU countries.
Form of study
Full-time form
Prerequisites and co-requisites
Know the main provisions of the Bankruptcy Code of Ukraine, bankruptcy legislation of leading foreign countries - EU members, legal literature, basic concepts and special terminology, skills for working with them. Be able to use information and analytical resources of the Internet; perform self-study tasks, solve problems; to apply the provisions of the legislation of Ukraine and the general European legislation, other international legal acts in the field of regulation of bankruptcy relations, to be able to identify problems of legal regulation, ways of their solution. Have sufficient knowledge and skills; provide legal characteristics of relevant legal phenomena related to bankruptcy.
Course content
The course deals with the characteristics inherent in bankruptcy as a legal phenomenon of European legal culture, its genesis, general characteristics of national bankruptcy law, insolvency, competition of leading EU countries, European insolvency law (bankruptcy); the legal nature of the relationship of bankruptcy, insolvency, competition, their subjects and participants; characteristic features of traditional procedures and measures applied to competing entities, features of litigation in bankruptcy, insolvency, bankruptcy proceedings. The course provides students with the knowledge of the main forms of coordinated legal development in the field of legal regulation of bankruptcy,
Recommended or required reading and other learning resources/tools
Biryukov O.M. Competition Law. Kyiv. Alert, 2020. 202 p. Jun V.V. Institute of Insolvency: World Experience of Development and Features of Formation in Ukraine: a monograph. Kyiv: Legal practice. 2006. 383 p. Collection of scientific articles and case law of the Supreme Court on the application of the Bankruptcy Code of Ukraine. Kyiv. Alert, 2021. 316 p. Polyakov R.B. Comparative Legal Aspects of Bankruptcy Proceedings Regulation in Germany and Ukraine: a monograph. Kyiv. Law of Ukraine. 2021. 240 p. Radzyviliuk V.V. Legal Regulation of Bankruptcy // Economic law (General part): a textbook / ed. V.S. Shcherbyna, V.V. Reznikova. Kyiv. Lira-K. 2021. p. 396-446.
Planned learning activities and teaching methods
lectures, seminars
Assessment methods and criteria
Types of formative assessment are chosen by the teacher who conducts practical lessons in compliance with the course syllabus. The teacher who conducts seminars processes students’ points scored during coursework and enters them in the student performance evaluation documents. If a student is absent from a seminar for a valid reason, s/he may complete the missed lesson in extracurricular time within 7 days after this lesson was missed, during the teacher's consultation. The procedure is carried out by means of oral questioning or another type of task set by the teacher. Points for missed classes are not awarded. At the end of the semester, missed classes are not completed.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Departments

The following departments are involved in teaching the above discipline