MODERNIZATION OF THE BANKRUPTCY SYSTEM IN THE CONTEXT OF SOCIAL PROTECTION

Abstract

Introduction. The article presents a comprehensive study of theoretical and practical aspects of modernizing the bankruptcy system in Ukraine through the lens of ensuring adequate social protection for the population. The research provides a thorough analysis of the current state of legal regulation of bankruptcy procedures, taking into account European integration processes and the specifics of the national economy functioning under martial law conditions. Based on the systematization of current statistical data and the results of recent scientific research, key problems in protecting the rights of employees of debtor enterprises have been identified, and scientifically grounded solutions have been proposed, considering international experience and national law enforcement specificities.

Summary of the main results of the study. The study substantiates the necessity of implementing a comprehensive approach to modernizing the bankruptcy system, which envisions a harmonious combination of economic interests of creditors and debtors with ensuring social guarantees for employees. Special attention is paid to the theoretical and methodological foundations of digital transformation in bankruptcy procedures, the development of mediation as an alternative dispute resolution method, and the improvement of control mechanisms over the activities of bankruptcy trustees. Based on the analysis of law enforcement practice and doctrinal approaches, the role of non-governmental organizations in ensuring social protection of employees during bankruptcy procedures has been revealed, and the organizational and legal framework for their interaction with state institutions has been defined.

Conclusion. Based on the research results, systematic proposals for improving the regulatory framework in the field of bankruptcy have been formulated, particularly suggesting amendments to the Bankruptcy Code of Ukraine to strengthen guarantees of employees' labor rights. The study substantiates the expediency of creating a comprehensive early bankruptcy warning system and implementing innovative mechanisms for protecting workers' rights using modern digital technologies. Considerable attention has been paid to issues of institutional support for bankruptcy procedures, particularly improving the professional training of bankruptcy trustees and judges specializing in bankruptcy cases. Based on the conducted research, practical recommendations have been developed to enhance the effectiveness of social protection mechanisms in the context of bankruptcy system reform and European integration processes.