ANALYSIS OF INTERNATIONAL AND NATIONAL EXPERIENCE IN DELIBERATE BANKRUPTCY

Анотація

Urgency of the research. In the article we considered the problem of bankruptcy in Ukraine in the aspect of revealing its features and building a system to counter fictitious bankruptcy. Target setting. Finding a solution of these issues requires the development of measures in several aspects: legal, social and economic. The legal aspect is closely associated with criminal liability. Unresolved issues within the law reinforce the negative social and economic consequences of the company – bankrupt`s activity, its counterparties and the economy as a whole. Actual scientific researches and issues analysis. The article is a logical extension of previous work which dealt with the problem in question in the scientific literature and the issue of regulatory framework of deliberate bankruptcy. Particularly, basic typical kinds of illegal bankruptcy were underlined. Also the economic classification of features is offered which is common for the illegal redistribution of property and the accumulation of debts and losses. Uninvestigated parts of general matters defining. Development of methodological and methodical principles of economic analysis of illegal bankruptcy detection requires the detailing of various economic characteristics. The research objective. In this article we examined specific examples of two high-profile cases to detail the economic analysis of detecting signs of deliberate bankruptcy. The statement of basic materials. Emphasizing the competition nature of bankruptcy and its effects, the international experience is considered on the example of one of the most famous cases of fraud, Enron Corporation`s case (USA). National bankruptcy case is represented by the holding corporation "Khlib Ukrayiny". Conclusions. The first case is a hidden bankruptcy the sense of which is in the very fact of hiding the difficult financial position by leadership of a company from shareholders. Therefore, such fraudulent instruments were used: increasing cash flows by artificially inflating costs and increasing prices, manipulation of information in financial statements Another case is associated with opportunistic actions aimed at bringing the debtor to the state of bankruptcy for the purpose of property redistribution and avoiding paying debts. Summary of experience allows to state the cause-effect relationships between the opportunistic actions and their consequences in the enterprise`s economy, to develop the next stages of analysis and to determine the diagnostic system of indicators under each of the deliberate bankruptcy.