The law on financial restructuring
The Supreme Council adopted a law on financial restructuring at June 14. The business community as well as the government agencies (primarily the NBU and the Ministry of Finance of Ukraine) greeted the adoption of this law, because it has a high hopes of resolving the situation with the problem loans and the recovery of the banking system as a whole. Given law establishes a new mechanism of voluntary financial restructuring of debts of enterprises and the resumption of their liquidity. This mechanism provides for the procedure of financial restructuring on the basis of an agreement between the debtor and its creditors. Some skeptics argue that this law duplicates the procedure provided by the law on bankruptcy (the Law of Ukraine "On the resumption of debtor's solvency"), but there are some significant differences between them. For example, the extrajudicial procedure fully stipulated by the law on financial restructuring, while in bankruptcy law describes the procedure "by a court decision." Moreover, the proposed procedure is more flexible on the issue of taking into account the minority interests of creditors. If in the bankruptcy law provided a strict requirement on the...