LEGAL AND PSYCHOLOGICAL ASPECTS OF DECISION-MAKING OF THE ARBITRATION MANAGER ACCORDING TO THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURESJournal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 21)
Publication Date: 2019-11-30
Authors : Zabrodin Olexiy;
Page : 52-60
Keywords : arbitration manager; psychology; conflict; independence of the arbitration manager;
The article deals with the legal and psychological peculiarities of decision making by the arbitration manager, based on the Code of Ukraine of bankruptcy proceedings, which is to come into force on 21.10.2019, classifies the decisions made by the arbitration manager, examines the specific conflict situations that arise in the practice of the arbitration manager. One of the problem sectors of the Ukrainian economy is the bankruptcy institute. The arbitration manager is a key figure in the arbitration process. He has duties related to the debtor's activities, relations with creditors and authorized bodies. The duties of the arbitral manager are endowed by the fact that the economic effectiveness of the bankruptcy procedure depends on his actions. And as a result, the responsibility of the arbitration manager for the decisions made is also high. The author of the article analyzes the conditions and restrictions of the activity of the arbitration manager: the great social significance of the activity of the arbitration manager, the need to respect the interests of all parties, the social insecurity of the arbitration manager, his orientation to profit, the rigid algorithm of the arbitration manager, the limited and lack of resources, the volatility of enterprises, the impossibility approval of the plan of rehabilitation, imperfection of the system of preparation and control of arbitration managers. The author of the article gives concrete examples of the psychological choice of decision making by the arbitration manager in difficult conditions. The author of the article expresses his views on the moral, ethical and business qualities that, according to the author, should be given to the arbitration manager. The article analyzes the directions of the activity of the arbitration manager: procedural and procedural activity, during which the powers of interaction with the court, creditors and other participants of the process are realized; management activities in which the arbitrator executes the authority of the head of the enterprise, organizes the production process, the administration, legal, accounting, other divisions of the enterprise, ensures the safe keeping of the debtor's property, the conclusion of transactions on behalf of the debtor, etc; activity on the organization of the work of its own office space, which includes the organization of office work, work of assistants, receiving utilities.
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