The article examines the main stages of the formation of the institution of pretrial rehabilitation in Ukraine, analyzes the dynamics of the development of legislation in this area, starting from 1992. The development of pre-trial remediation as a legal institution is clearly presented and the transformation to understanding its essence is demonstrated. On the basis of the conducted analysis, the essence of the pre-trial remediation, its key measures and role in ensuring the stability of the business was determined. Separate provisions of the Criminal Procedure Code before the pretrial rehabilitation procedure in Ukraine were studied. The main advantages of this legal institute are highlighted.

A clear trend has been established to expand the possibilities of pre-trial settlement of financial difficulties of companies and to harmonize Ukrainian legislation with European standards. Preventive restructuring is considered as a new stage in the development of pre-trial rehabilitation. The main differences between the legislative regulation of pre-trial rehabilitation and preventive restructuring are determined. The stages of carrying out each of the above procedures are considered. It has been established that this legal institute should contribute to the improvement of business, is more operational and flexible.

Attention is focused on the advantages and conditions for carrying out preventive restructuring taking into account the positions of interested parties, the main stages of the process are revealed. The problems that hinder the development of pre-trial rehabilitation as a legal institution in Ukraine are identified. In the course of the analysis, integral tools of preventive restructuring, which are necessary for inclusion in the legislation and popularization of the use of this mechanism, were determined. It was concluded that there is a need to further improve mechanisms in the field of pre-trial rehabilitation, in particular by developing clear criteria for identifying financial difficulties and the threat of insolvency, creating a system for early warning of bankruptcy, training qualified specialists in the field of preventive restructuring, etc.

Bibliography

Journal articles

1. Poliakov R, ‘Porivnialno-pravova kharakterystyka dosudovoi sanatsii za pravom Ukrainy ta Nimechchyny’ [2022] 3 Derzhava ta rehiony. Seriia Pravo 23–40.

Conference papers

 2. Kozarenko Ye, ‘Stroky sanatsii borzhnyka do vidkryttia provadzhennia u spravi pro bankrutstvo’ Intelektualnyi resurs sohodennia: naukovi zadachi, rozvytok ta zapytannia: materialy I Mizhnarodnoi naukovoi konferentsii (Dnipro, 6 zhovtnia 2023 r) (Mizhnarodnyi tsentr naukovykh doslidzhen, UKRLOHOS Hrup 2023) 43–45.

 Websites

3. Khorunzhyi Yu, ‘Pravo na druhyi shans: v Ukraini zaprovadzhuiut yevropeiskyi mekhanizm preventyvnoi restrukturyzatsii borhiv biznesu’ (1 Serpnia 2024) <https://ario.law/ press_center/pravo-na-druhyj-shans-v-ukraini-zaprovadzhuiut-ievropejskyj-mekhanizmpreventyvnoirestrukturyzatsii-borhiv-biznesu> (accessed 30.09.2024).