Problems of Forensic Economic Expertise in Challenging Transactions with Intellectual Property in the Bankruptcy Case of a Bank

Abstract

The subject of the study is the theoretical and methodological foundations of forensic economic expertise. The object of the study is judicial economic expertise when challenging transactions in bank bankruptcy cases. The author examines in detail such aspects of the topic as forensic economic expertise, the classification of which was analyzed on the basis of existing regulations, problems were identified and conclusions were drawn. The role of expertise in the recognition of transactions, the subject of which is a trademark or domain name, is invalid in the framework of the consideration of bank insolvency cases. Particular attention is paid to the importance of forensic economic expertise, due to the impossibility of making the right decision without its implementation in bank bankruptcy cases. The main conclusions of the study are proposals for the introduction of the concept of complex expertise, the elimination of gaps in legislation that have arisen due to the fact that the legislative institute lags behind the development of expert science and each expert performs conclusions due to his knowledge and experience, generating a variety of approaches to the assessment of the object. The article deals with the problems of expertise, both in bankruptcy cases of credit institutions, and in general at the level of legislative regulation. Based on the results of the conceptual analysis of the forensic economic examination, having considered a particular example from judicial practice, taking into account the attribution of an insolvent bank to a special category of subjects, the author made proposals to improve the institute of expertise.