Спорные вопросы оспаривания сделок должника по п. 2 ст. 61.2 Закона о банкротстве

Abstract

The issues related to the debtor’s transactions on the eve of bankruptcy and contestation such transactions on the basis of paragraph 2 of Article 61.2 of Federal Law No. 127-FZ dated October 26, 2002 “On Insolvency (Bankruptcy)” as committed with the purpose of causing harm are considered. Attention is paid to the analysis of individual judicial and arbitration practice and the courts’ assessment problems of individual circumstances. The purpose of the study is to analyze the grounds and problematic practice of contesting transactions under paragraph 2 of Article 61.2 of the Federal Law of October 26, 2002. No. 127-FZ, highlighting controversial issues – criteria that allow the courts to refuse to satisfy the requirements for declaring transactions invalid on this basis. Analytical, systematic, technical and legal methods are used in the research. Based on the results of the work carried out, attention is drawn to the erroneous practice of some courts in assessing the awareness of the debtor’s counterparty about the purpose of causing harm to the disputed transaction when they are committed in relation to real estate and other large transactions. The necessity of developing the integrity institute, avoiding the courts from applying formal criteria of persons’ interest is noted, the importance of assessing all the circumstances of the counter-agent’s behavior and the need to lower the standards of proving his dishonesty in certain cases is noted.