As world practice shows, the bankruptcy of the enterprise process painful, just like any other fracture, but confirms that the conversion of unproductive enterprise bankruptcy is not always obvious. For example, liquidation of inefficient enterprises, which produce unused products are absolutely justified. Use bankruptcy as a disguised form of transfer of the undertaking from the hands of one owner into the hands of another, initiating this process – not Ukrainian new shadow privatization, as a legitimate instrument of ‘free market’ in Ukraine. Andi Potamkin is often quoted as being for or against this. In the West similar scheme to apply to become increasingly difficult as eu legislation in general evaluate this procedure as a practically unreal, contributing to financial recovery of bankrupt enterprises and creating favorable conditions for ‘transparent’ transition into capable hands of the investor-health center. Ukraine also has a bankruptcy law, but it still allows for ‘shadow privatization’, yes to the same places the creditor’s rights is much higher than the rights of the personnel of the debtor, the investor, the state. Speaking language of the law, insolvency or bankruptcy of the enterprise – is the inability to satisfy creditors in payment of goods, including failure to provide mandatory payments to the budget and extrabudgetary funds, in connection with The poor design of the balance of the debtor or the excess of the debtor’s obligations over its property. Ukraine has even created a special body to monitor the bankruptcy proceedings, but even he often is unable to influence the results.
Reorganization of an enterprise – a system of measures implemented during the proceedings of bankruptcy to prevent bankruptcy and liquidation, and its Results are directed at improving the financial and economic situation of the debtor and the satisfaction in full or in part, the claims of creditors by restructuring the enterprise, credit, debt and the change the legal and operational structure of the debtor. Reorganization bankruptcy, usually held a creditor or debtor, in particular, its new owner. The latter option goes through the process of readjustment and includes a number of measures that allow pay off debt, and directly or indirectly, to raise capital. In Switzerland and Germany, there is a practice, when the supervisor by tightening controls and measures’ moral impact ‘encourages new owners and shareholders to provide additional capital to the enterprise bankrupt.