Особенности рассмотрения дел о неплатежеспособности индивидуального предпринимателя в суде

Аннотация

Ключевые слова: Развитие экономических реформ в нашей стране несостоятельность, является жизненной необходимостью рыночных должник, отношений. Институт банкротства как средство судопроизводство, обеспечения развития товарно-денежных отношений на банкрот, предприниматель, основе рыночных принципов является одной из наиболее кредитор актуальных задач. Хотя это отношение не считается новым, оно считается институтом, еще не до конца изученным в практике правоприменения. В ходе изучения темы изучалась судебная практика и законодательство. With the development of the economy in our country, a wide range of opportunities are being created for entrepreneurs. Nowadays, depending on the types of business entities, their organization, operation, and, of course, termination of their activities also differs. In particular, the insolvency of an individual entrepreneur is fundamentally different from the insolvency of a legal entity. The main law governing this area is the Insolvency Act. This Law regulates relations in the field of insolvency of legal entities and individuals, as well as individual entrepreneurs. The main issue that we will focus on is the specific features of court consideration of cases of individual entrepreneurs' inability to pay. As mentioned above, depending on the type of business entity, finding them insolvent also differs. In court proceedings to declare an individual entrepreneur bankrupt in court: • debtor; • сourt manager; • creditors, taking into account the moment when demands are submitted by them to the debtor in the manner prescribed by this Law; • authorized state body; • a person who provides security for the debtor's obligations can participate. In addition, in accordance with the Law "On Insolvency", in case of insolvency, the representative of the employees of the debtor legal entity, the representative of the debtor's founders (participants), or the owner of the debtor's property, the debtor's individual entrepreneur representative, representative of creditors' meeting (creditors' committee) and other persons may participate. Preparation of such cases for trial is carried out by a judge based on the Economic Procedural Code of the Republic of Uzbekistan. More than two months from the date of the decision on the acceptance of the debtor's insolvency proceedings at the insolvency court session should be considered in no time. Consideration of the insolvency case may be extended for a period not exceeding one month in special cases. In order to ensure transparency and legal enforcement of insolvency proceedings, parties involved in any insolvency proceedings shall not be required to falsify insolvency, 471 Жамият ва инновациялар – Общество и инновации – Society and innovations Special Issue – 06 (2023) / ISSN 2181-1415 conceal insolvency, or may apply for the appointment of an expert in order to determine the symptoms that led to the willful inability to pay. Documents received in cases of insolvency must be executed immediately. A copy of the court document in the case of insolvency is immediately sent by the court to the state bailiff at the place of residence (place of residence) of the debtor. In the course of bankruptcy proceedings, the court must take measures to satisfy the demands of creditors. In addition to the measures taken in the Code of Economic Procedure, it is possible to prohibit the conclusion of transactions without the consent of the court administrator, as well as to force the debtor to hand over securities, foreign exchange reserves, and other property to third parties for preservation. He can also take other measures aimed at preserving the property of the debtor in its entirety. The court shall draw up the procedure for satisfying the demands of the creditors when accepting the application of the debtor individual entrepreneur. In accordance with the law, in connection with the consideration of the insolvency case at the expense of the funds deposited in the deposit account of the court before satisfying the demands of the creditors and the execution of the court's decision to declare the debtor individual entrepreneur insolvent. Expenses will be reimbursed, and citizens' demands for damages to life or health will be satisfied in accordance with the law. Now coming to the satisfaction of the students of the lenders, there is also a turn to satisfy the requirements of the lenders which are as follows: • first of all, claims for the recovery of alimony, as well as claims that provide for the calculation of remuneration for labor and payment of fees under copyright contracts; • in the second place - claims for taxes and fees, the part of creditors' claims secured by collateral, related to the debt that was not covered due to the insufficient amount from the sale of pledged property (collateral), and creditors' collateral outstanding requirements; • in the third place - settlements with other creditors. The requirements of each queue are satisfied after the require