How to avoid errors when reporting to the arbitrator in the bankruptcy liquidation procedure

Abstract

Following Clause 2 of Section I of the Procedure for Controlling the Activities of Arbitration Administrators, approved by the Order of the Ministry of Justice of Ukraine dated December 6, 2019 No. 3928/5, control over the activities of arbitration administrators under this Procedure is carried out by the Ministry of Justice as a state body on bankruptcy issues and interregional departments of the Ministry of Justice (further - territorial bodies of the Ministry of Justice) with the consent of the Ministry of Justice. According to Clause 1 of Section II of this Procedure. The control over the activities of arbitration managers is carried out by conducting scheduled and unscheduled inspections. When conducting an unscheduled inspection, the inspection commission mainly deals with issues that are raised in the complaint of the subject of the appeal, the inspection commission is not empowered to go beyond the limits of the complaint, since Clause 6 of Section II of this Procedure contains an exhaustive list of grounds for conducting an unscheduled on-site inspection checks. Recently, there has been an increase in interest in the reporting of the arbitration manager to the creditors' committee. That is why, it is necessary to focus attention on this issue.