II National Forum “Insolvency and Bankruptcy in Ukraine. Challenges of war time”


On June 14, the 2nd National Forum “Insolvency and Bankruptcy in Ukraine” took place. Challenges of wartime”, which was organized by the National Association of Arbitration Managers of Ukraine with the assistance of the EU Project “Law-Justice”.

Oleksandr BONDARCHUK, head of NAACU, made a welcome speech: “Despite the difficult period, NAACU is adapting to the martial law – it continues to function, to develop institutionally, to organize events useful for the community, to participate in the development of draft laws, to protect arbitration administrators.”

Representatives of the Ministry of Justice of Ukraine, people’s deputies, judges, in particular of the Supreme Court, representatives of the Independent Association of Banks of Ukraine, JSC “Ukroboronprom”, arbitration administrators, lawyers, experts of the EU Project “Law-Justice” took part in the event.

All the participants of the forum had the opportunity to study bankruptcy procedures and their features as tools to help businesses in matters of solvency recovery. And we also heard from the speakers answers to actual questions of practice, in particular such as:
• prospects of legislative regulation for the profession of arbitration managers;
• disciplinary responsibility of arbitration managers, actual practice;
• joint and subsidiary liability in bankruptcy cases;
• deadlines in bankruptcy procedures: problematic issues;
• bankruptcy of enterprises with assets on the TOT and in the war zone;
• application of sanctions to the parties to the bankruptcy procedure: problematic issues;
• formation of a fund for payment of remuneration and reimbursement of expenses of the arbitration administrator;
• automated system “Bankruptcy and Insolvency”.

The moderator of the first session: “Development and prospects of the insolvency institute” was a member of the Council of Arbitration Managers of Ukraine, managing partner of the Nobili Law Company, Nataliya Tyshchenko.
“Today, there are bankruptcy procedures that help the debtor to get out of the crisis and resume production. Now, in the conditions of war, bankruptcy is an effective tool for collecting creditors, for holding officials and owners accountable, for returning withdrawn assets. Undoubtedly , bankruptcy for debtors is a tool for business recovery,” noted Nataliya Tyshchenko.

During the session, Oleksiy Movchan, People’s Deputy of Ukraine, spoke about the prospects for legislative regulation of the arbitration administrator profession. He also raised the curtain on the legislative process on the way to Europe. “The most difficult thing is to overcome the craving for marathoners,” noted Oleksiy Movchan.

“Only in the first days of martial law, there were 2 attempts to impose a moratorium on bankruptcy procedures, with which the NAACU Council managed to successfully cope. And the moratorium is not the only challenge that the NAACU had to face,” said Oleksandr Bondarchuk. He also touched on some problems that were solved due to close cooperation with stakeholders in the field of bankruptcy and the fruitful work of the NAACU Council. Outlined the achievements of the community and outlined directions for future work.

Yulian Khorunzhy, Senior Partner of Ario Law Firm, raised the topic of legislative changes and talked about the ideology of the draft law on preventive restructuring. Amendments to the Bankruptcy Procedures Code of Ukraine, in terms of the application of preventive restructuring, force the Legislator to clearly distinguish the terminology “insolvency” and “threat of insolvency”.

Vladyslav Filatov spoke about the prospects of the regulatory policy of the Ministry of Justice of Ukraine and provided answers to the most pressing questions of the community regarding the obligation of arbitration managers to report.

Also among the invited guests and speakers of the event were:

Oleh MYKHALYUK, Chief Expert on Justice in the Economic Sphere of the EU Project “Law-Justice”;
Oleksandr BANASKO, Judge of the Grand Chamber of the Supreme Court;
Serhii ZHUKOV, Judge of the Supreme Court;
Diana KOZLOVSKA, Arbitration Manager;
Vasyl HEY, Representative of NABU;
Serhiy DONKOV, member of the Council of Arbitration Managers of Ukraine;
Olena VOLIANSKA, member of the Council of Arbitration Managers of Ukraine;
Oleg VASKOVSKY, Judge of the Supreme Court, secretary of the court chamber for consideration of bankruptcy cases;
Maksym PASTUSHOK, Director of the Department of Sanctions Policy;
Iryna SERBIN, Deputy Director of the Department of Sanctions Policy;
Yevhen IVANENKO, Member of the Council of Arbitration Managers of Ukraine;
Daniil FEDORCHUK, Director of the Legal Affairs Department of JSC “Ukroboronprom”,
Andrii PALKIN, member of the Council of Arbitration Managers of Ukraine;
Vyacheslav PESKOV, Judge of the Supreme Court;
Olena YANYUK, Judge of the Economic Court of the Kyiv region;
Yulia KARAUSH, manager, deputy head of the Council of Arbitration Managers of the Donetsk region;
Denis LYHOPIOK, Member of the Qualification Commission of Arbitration Managers;
Andrii DZHURA, Representative of NABU.

An interesting master class was conducted by Anna Kalinina, the founder and chief trainer of the “Ritorstars” Development Academy, a coach in public speaking and effective communication. We received only 10 techniques from Anna, but we can confidently say that the majority of Forum participants will definitely return to this topic – “Harsh rhetoric. Manipulations in the negotiation process”.

During the event, a charity auction was held, at which UAH 240,000 was collected. These funds will be used to purchase radio-electronic warfare equipment for the 56th MARIUPOL MOTORIZED INFANTRY BRIGADE.