Банкротство физических лиц в Российской Федерации: некоторые особенности злоупотребления правом

Abstract

An extraordinary debt relief mechanism, i.e. render-ing citizens insolvent, was approved by the Russian law in October 2015. The research analyzes the case law of personal bankruptcy in Russia as of Novem-ber 2018. The paper explains the common external lawful actions that can be considered unfair. The study on case law represented by the rulings of the Supreme Court of the Russian Federation is to pro-tect creditors from the fraud by debtors, i.e. citizens who want to abuse the right to be rendered insol-vent. The author concludes that creditors should focus on the possible concealment of extra income by the debtors, the division of property or renuncia-tion of inheritance before declaring bankrupt as well as atypical alimony agreement.