Bankroto bylų nagrinėjimo teisme ypatumai ; Peculiarities of investigation of bankruptcy cases in court
Legal acts governing bankruptcy legal relationships may be considered amongst the most important legislation that regulates mutual relationships between economic entities under market economy conditions. First of all, bankruptcy of any company is associated with numerous requirements of the creditors, that why liquidation of a bankrupted enterprise makes a direct impact on civil turnover in process of the state. Second, bankruptcy proceedings executed in an intense, effective and economical manner ensure protection not only of the interests of creditors of the enterprise-debtor that is under bankruptcy but also the interests of the enterprise itself and social interests of the state. Complexity of bankruptcy cases' investigation is reasoned by frequent change of legal acts ruling bankruptcy legal relationships, the need to protect public interest, specific structure of bankruptcy procedure. Because of the listed reasons research of bankruptcy procedure becomes extremely vital. The object of this research – bankruptcy legal relationships and specific features of judicial investigation of bankruptcy cases, historical origin, development, legal origin, objectives and the essence of bankruptcy procedures. This research seeks to study in a complex manner specific features of investigation of bankruptcy cases in courts, to detect drawbacks of the existing legal regulations and to make proposals and recommendations for their improvement. Also the author of this research analyses the origin and the development of rudiments of bankruptcy proceedings in the Roman law, evolution of bankruptcy relationships in Middle Ages, New and Modern times. Further the author analyses the concepts of bankruptcy procedure and insolvency, examines the objectives of bankruptcy procedure and possibilities to choose one or another bankruptcy procedure regulation model, specifies the essence of bankruptcy procedure models existing in other foreign countries. Also the author analyses framework of operation of general principles of civil procedure in bankruptcy cases, the legal status of the participants of bankruptcy procedure, deals with the basics of filing a petition to initiate a bankruptcy case, also specific features of preparation for judicial investigation of a bankruptcy case, basis for initiating a bankruptcy case and legal outcomes. Considerable attention is also paid to highlight the basis and peculiarities of the closure of a bankruptcy case when the decision is not taken on the termination of the enterprise.