Peculiarities of challenging a debtor-citizen transaction: trends in legislation and law enforcement practice

The purpose of this article is to study the theoretical and practical aspects of the procedure for challenging transactions in the framework of bankruptcy proceedings of individuals, identifying trends in regulation and law enforcement practice in this area. To achieve it such tasks are set as: the analysis and study of the procedure and grounds for challenging transactions of the debtor-citizen, the identification and characterization of the features of the application of provisions of family law in challenging transactions of the debtor-citizen, the establishment of peculiarities of challenging transactions of the debtor-inheritor. The conducted work allowed to establish the relationship of the rules on bankruptcy of individuals with the general provisions of the legislation on insolvency, the norms of family and inheritance law. The study of the contestation of debtor-citizen transactions allowed to identify general and special rules, to develop a proposal to adjust the terms of claims for contestation of transactions by creditors. The interrelation of norms of family law and provisions of bankruptcy law in terms of meaning, legal consequences and peculiarities of challenging extrajudicial agreements on the division of marital property and the establishment of alimony obligations was established. Attention is drawn to the legal positions of the Plenum of the Supreme Court of the Russian Federation on the possibility of combining spouses' insolvency cases. It is noted that these aspects are reflected only in the explanatory act of the highest court. It is concluded that the regulation of social relations connected with the contestation of transactions of the debtor-inheritor is lacunae. It emphasizes the debatable nature of the issues of admissibility of the debtor's transactions by the heirs and the application of the consequences of invalidation of the transaction. It is determined that the proper legal regulation and law enforcement of norms of contestation of debtor-citizen transactions should ensure the efficiency of formation of the bankruptcy estate and contribute to the satisfaction of creditors' claims.

bankruptcy of individuals, debtor-citizen, financial manager, contesting transactions, suspicious transactions, debtor-inheritor