Features of provision of evidence and grounds for opening proceedings in a case of insolvency of a natural person
Year: 2026
Type: article
Abstract: The article provides a comprehensive analysis of the theoretical and practical aspects of opening insolvency proceedings against an individual under the Code of Ukraine on Bankruptcy Procedures. It examines the specific features of exercising the debtor’s right to file an application for the commencement of proceedings and analyzes the requirements of relevance, admissibility, and sufficiency of evidence submitted to confirm insolvency or the threat thereof. Particular attention is paid to law enforcement issues arising in judicial practice, including the proper formalization of documents, confirmation of the debtor’s financial status, and certification of copies of evidence in accordance with procedural legislation. The paper analyzes the grounds for opening insolvency proceedings against an individual as provided for in Article 115 of the Code of Ukraine on Bankruptcy Procedures and substantiates the need for their systematic and consistent interpretation. It explores the correlation between the categories of insolvency, over-indebtedness, and the threat of insolvency, taking into account their legal nature, temporal characteristics, and financial and economic content. The case law is analyzed in terms of interpreting the category of “threat of insolvency”. It is emphasized that a debtor cannot simultaneously be one who has stopped repaying loans or making other scheduled payments in the amount of more than 50 percent of the monthly payments for each of the credit and other obligations for two months, and one who will not be able to fulfill his monetary obligations in the future. Based on the analysis of current judicial practice, the article demonstrates that the opening of insolvency proceedings against an individual requires careful judicial assessment of the evidence submitted by the debtor, given the absence at this stage of an active procedural position of creditors. The importance of the principle of the debtor’s good faith is substantiated as a key condition for exercising the right to debt relief and restoration of solvency. The study concludes that judicial practice demonstrates increased requirements for the content and form of documents submitted by the debtor, which is due to the absence at the initial stage of other participants in the process who are able to provide objections or alternative assessment of evidence.
Authors: A. A. Butyrskyi, I. A. Butyrska
Institution: Yuriy Fedkovych Chernivtsi National University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7164849725