GROUNDS FOR CHALLENGING TRANSACTIONS IN BANKRUPTCY
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2024
Rubrics: STATE. SOCIETY. LAW
Authors:
1.
Law Institute, Immanuel Kant Baltic Federal University
Russian Federation
Russian Federation
Type:
Article
Pages:
from
to
Status:
Published
Received:
04.04.2024
Accepted:
15.05.2024
Published:
08.07.2024
Language:
Russian
Keywords:
Key words: bankruptcy, transaction, contestation, grounds, invalidity, courts, creditors, debtors.
Abstract (English):
Introduction. Challenging transactions in bankruptcy plays an important role in protecting the interests of creditors and ensuring fair distribution of the debtor's property. The relevance of the topic is conditioned by the fact that in a number of cases debtors, concluding transactions, abuse their rights, often pursuing a goal related to the reduction of property. The analysis of law enforcement practice shows that courts lack a uniform approach to the resolution of this category of disputes, applicants face difficulties in protecting their rights, for example, in choosing the grounds for challenging transactions. Therefore, it is advisable to consider the grounds for challenging transactions in bankruptcy, identify the problems of their use in law enforcement practice, and suggest ways to resolve them. Methods. The methodological basis is the dialectical method of cognition, which allowed to reflect the complex, contradictory processes of challenging transactions in bankruptcy, to objectively, comprehensively and comprehensively consider the problems, to propose ways to resolve them. In addition, general scientific, special and private legal methods were used, in particular, system approach, formal-legal. Results. The legislator singles out general and special grounds for challenging transactions, which creates problems of their correlation in bankruptcy proceedings. Analysis of law enforcement practice shows that, firstly, in the procedure of challenging transactions on normatively established special grounds there are problems with the collection and evaluation of evidence, and secondly, transactions are challenged both on general and special grounds, which leads to positive and negative consequences. In resolving these problems, the role and importance of judicial practice, including in terms of a more active and widespread use of the principle of good faith in the consideration of disputes of this category, is significantly increasing. Key words: bankruptcy, transaction, contestation, grounds, invalidity, courts, creditors, debtors.
Introduction. Challenging transactions in bankruptcy plays an important role in protecting the interests of creditors and ensuring fair distribution of the debtor's property. The relevance of the topic is conditioned by the fact that in a number of cases debtors, concluding transactions, abuse their rights, often pursuing a goal related to the reduction of property. The analysis of law enforcement practice shows that courts lack a uniform approach to the resolution of this category of disputes, applicants face difficulties in protecting their rights, for example, in choosing the grounds for challenging transactions. Therefore, it is advisable to consider the grounds for challenging transactions in bankruptcy, identify the problems of their use in law enforcement practice, and suggest ways to resolve them. Methods. The methodological basis is the dialectical method of cognition, which allowed to reflect the complex, contradictory processes of challenging transactions in bankruptcy, to objectively, comprehensively and comprehensively consider the problems, to propose ways to resolve them. In addition, general scientific, special and private legal methods were used, in particular, system approach, formal-legal. Results. The legislator singles out general and special grounds for challenging transactions, which creates problems of their correlation in bankruptcy proceedings. Analysis of law enforcement practice shows that, firstly, in the procedure of challenging transactions on normatively established special grounds there are problems with the collection and evaluation of evidence, and secondly, transactions are challenged both on general and special grounds, which leads to positive and negative consequences. In resolving these problems, the role and importance of judicial practice, including in terms of a more active and widespread use of the principle of good faith in the consideration of disputes of this category, is significantly increasing. Key words: bankruptcy, transaction, contestation, grounds, invalidity, courts, creditors, debtors.
Keywords:
Key words: bankruptcy, transaction, contestation, grounds, invalidity, courts, creditors, debtors.
Key words: bankruptcy, transaction, contestation, grounds, invalidity, courts, creditors, debtors.
