Peculiarities of the legal status of creditors and their representative bodies in cases of bankruptcy of limited liability companies

The article examines the legal status of creditors and their representative bodies in bankruptcy cases of limited liability companies. It is noted that one of the main tasks of the Code of Ukraine on bankruptcy procedures is to satisfy the demands of creditors. On the basis of judicial practice, it is determined that the mandatory task of bankruptcy proceedings is the fair satisfaction of the entire set of creditors’ claims in the order of priority established by law. Therefore, proceedings in bankruptcy cases are objectively formed on the basis of creditor competition. Therefore, the purpose of bankruptcy proceedings is to balance the realization of the rights and legitimate interests of the participants in the case. An urgent task is to develop and apply an effective mechanism for the interaction of creditors with other participants in bankruptcy proceedings, to establish at the legislative level and in the practical aspect the proper regulation of the legal status of creditors in order to provide them with effective means of protection against the dishonest behavior of other participants in bankruptcy procedures and to fairly satisfy them requirements It is proposed, in particular, to amend a number of provisions of the Code of Ukraine on Bankruptcy Procedures, in particular, to the second part of Article 90 of the Code of Ukraine on Bankruptcy Procedures and to put it in the wording determined by the author, to return the provisions of the second part of Article 11 of the Law of Ukraine «On Restoring the Debtor’s Solvency or Recognition of bankrupt», etc. Peculiarities of the legal status of secured, current, bankruptcy creditors in bankruptcy cases of limited liability companies are analyzed. Attention is drawn to the fact that with the adoption of the Code of Ukraine on bankruptcy procedures compared to the previous Law of Ukraine «On restoring the debtor’s solvency or declaring him bankrupt», the protection of the rights and legitimate interests of secured creditors has improved by improving the legal regulation of bankruptcy procedures. It was concluded that the creditors interact with each other by convening and holding creditors’ meetings and making a decision to create a representative body - the creditors’ committee, determine its quantitative composition and elect its members. At the same time, creditors of companies must take into account and take into account the rights and legitimate interests of each other, observing the principles of inadmissibility of abuse of procedural rights, competition and legality.