Ukraine needs to abandon the automated system of appointing a property manager in a bankruptcy case.
This statement was made by a retired judge of the Supreme Economic Court of Ukraine, Counsel of ADER HABER Law Firm Alexander UDOVYCHENKO, commenting amendments to the Bankruptcy Procedure Code of Ukraine, according to which the appointment of arbitration trustees will take place under the new procedure.
«An automated procedure was allegedly introduced to ensure a fairer distribution of cases between arbitration trustees. But everyone understands that the creditors of many companies and their lawyers will do everything possible and everything that is not possible to appoint a qualified person in their business, whom they trust. Moreover, the obligation to pay the administrator for three months is imposed on the creditor. “ – says an expert.
According to Oleksandr Udovychenko, the automated selection of three candidates at once only provided an opportunity for some of them to receive easy money as a waiver for refusing to participate in the case. So,even in the auto-distribution of arbitration trustees, creditors nominated their candidacies.
“Norms of laws that do not reflect the actual legal relationship do not work. Therefore, granting the initiating creditor the right to propose to the court the candidacy of an arbitration trustee is the right decision. And in the car selection there is a positive only for managers – beginners who have not yet gained a reputation in the market and are unknown to potential customers. They had a chance to get a job with a guaranteed, at least three-month payment. And, given the steady decline in the number of bankruptcy cases and the increase in the army of arbitration trustees, this matters. ” said the retired judge.