As to some problems of challenging the transactions of the grounds established under the Law of Bankruptcy

Abstract

In this article the author analyzes as to who can be the claimant in challenging transactions on special grounds specified in the Federal Law of 26 October 2002 “On Insolvency (Bankruptcy)”. He criticizes the provision, according to which only a bankruptcy commissioner can fi le such claims, because it violates the creditors’ right of access to courts. He discussin the correlation between a claim on application of consequences of a void transaction based upon Articles 10 and 168 of the Russian Civil Code, on one hand, and a claim based on special grounds specified in the bankruptcy legislation, on the other hand. The author supports the position of commercial courts there are public law elements that are present in a bankruptcy commissioner’s legal status, therefore the order of his appointment should be changed.

Keywords:

bankruptcy, challenging transactions, bankruptcy commissioner, abuse of rights, access to courts