Features of the implementation of state administration functions by entities of administrative-legal relations in bankruption procedures of state-owned enterprises

Abstract

The article is dedicated to the analysis of legal norms regulating the administrative and legal aspects of the bankruptcy procedure for economic entities in the state sector of the economy, as well as the identification of conflicting norms present in the current legislation of Ukraine on bankruptcy and privatization. Ukraine is currently implementing a program of privatization of state-owned enterprises. More than 1000 state-owned enterprises have been transferred by relevant ministries to the State Property Fund of Ukraine for privatization. The list of small privatization objects at the beginning of 2023 included 1,154 objects. Through the electronic trading system «Prozorro.Sales,» the Fund sold 431 objects in 2023 for the amount of UAH 2,911.6 million [1]. Many of these enterprises are in bankruptcy proceedings.

The article provides an in-depth study of the specifics of implementing the functions of state administration by subjects of administrative and legal relations in the context of bankruptcy procedures of state-owned enterprises. The theoretical and legal foundations of state administration in the field of economy and bankruptcy are analyzed, and the key subjects, their powers, and the specifics of interaction within the framework of bankruptcy legislation are identified. Particular attention is paid to the identification of conflicting norms, the analysis of the impact of state administration on the efficiency of bankruptcy procedures, and the protection of state interests. Based on the research of scientific works and the current legislation of Ukraine, ways to optimize the implementation of state administration functions are proposed to improve the efficiency of bankruptcy procedures for state-owned enterprises.