ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS

Abstract

Objective: to conduct a comprehensive study of the concept of legal guarantees of creditors’ rights and to identify some features of guarantees on the basis of the presented classification. Methods: general scientific (deduction, comparative and system analysis, formal logical method) and special (comparative legal and structural-functional methods). Results: basing on the evaluation of different scientists’ opinions, the definition of the notion «legal guarantees of creditors’ rights» is given. Four classifications of legal guarantees of creditors’ rights are proposed. Scientific novelty: author's definition of the notion «legal guarantees of creditors’ rights» is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditors’ rights are given: by the content and methods of implementation of creditors’ rights guarantees; by forms of providing guarantees to creditors; general and special guarantees; by the form of termination of legal person’s activity. The classifications are described in detail through examples. Practical value: the results of this research can be used in scientific-research activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.