LEGAL MECHANISMS FOR CHALLENGING TRANSACTIONS IN BANKRUPTCY PROCEDURES

Author(s): Kolchina E.I.

Rubric: Rostrum of the young scientist

DOI: 10.21777/2587-9472-2025-3-85-92

Release: 2025-3 (47)

Pages: 85-92

Keywords: insolvency (bankruptcy), arbitration administrator, bankruptcy creditors, contesting transactions, civil and special grounds for contesting, non-competitive contesting, competitive contesting, inclusion in the register of creditors’ claims

Annotation: Bankruptcy has occupied an important niche in the life of society over the past decades. This conclusion is confirmed by the prevalence of the category of cases related to the insolvency of economic entities and individuals in the arbitra- tion case file. The purpose of the bankruptcy procedure is either to restore the debtor’s solvency, or the most effective settlement of debts owed to creditors. Achieving these two goals is possible through the sale of the debtor’s property, and therefore instruments of replenishment of the bankruptcy estate are of particular interest to civil lawyers, among which subsidiary liability and challenging invalid transactions are the most prominent. In this article, the author conducts a study of the mechanisms for challenging invalid transactions in insolvency (bankruptcy) cases based on theoretical and practical sources. A consistent analysis allowed us to identify three key models of challenging, including: out-of-competition challenging, competitive challenging, and challenging creditors’ claims when they are included in the register. Gaps in legal regulation have been identified, the elimination of which is critically important for the formation of a monotonous judicial practice, as well as the stability of legal relations and the rule of law. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Kolchina E.I. LEGAL MECHANISMS FOR CHALLENGING TRANSACTIONS IN BANKRUPTCY PROCEDURES // Journal of Legal Sciences. – 2025. – № 3 (47). – С. 85-92. doi: 10.21777/2587-9472-2025-3-85-92