The Problem of Avoidance of Bankruptcy Trustee from the State Registration of the Debtor's Ownership of Real Estate

The purpose of the study is to analyze the problems of avoidance of bankruptcy trustee from taking measures aimed at state registration of the right and transfer of ownership of a bankrupt to real estate, the legal consequences of the absence of the obligation of such managers to make timely changes to the State Register of real estate, as well as to consider possible ways to overcome them. Conclusions. In the procedures «bankruptcy proceedings» and «the sale of a debtor's property», the obligation to take the actions necessary to register the debtor's ownership of real estate lies with the relevant bankruptcy trustee as a person performing public law functions and obliged to act in the interests of not only the debtor, but also his creditors, not to cause damage to other members of society. The bankrupt himself in these procedures is deprived by law of the authority to do this on his own. In order to protect the public interests, as well as the rights of creditors, the debtor and buyers of his property at auctions during bankruptcy, it is necessary to legislate the obligation of bankruptcy trustee to take measures for the state registration of the debtor's rights within a reasonable time, except in cases when the bankruptcy trustee did not know and could not know about the existence of grounds for registration. It should be fixed in the law that their identification of new objects that meet the characteristics of real estate owned by the debtor and the commission of actions aimed at registering the debtor's ownership of these objects are grounds for postponing the completion of the inventory, re-inventory, postponing bidding, to extend the terms of the relevant bankruptcy procedure.