Kalinkina V.V. —
Pretrial procedure for disputes settlement associated with challenging transactions of the debtor within the framework of the case of insolvency (bankruptcy)
// Legal Studies. – 2021. – ¹ 1.
– P. 38 - 47.
DOI: 10.25136/2409-7136.2021.1.34977
URL: https://en.e-notabene.ru/lr/article_34977.html
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Abstract: The object this research is the social relations developed in terms of the mandatory pretrial of disputes settlement associated with challenging transactions of the debtor. Subject of this research is the set of legal norms regulating the relations in the area of challenging transactions of the debtor, as well as the law enforcement practice. The research is carried out through the prism of consideration of such problem as the absence in the current legislation of the Russian Federation of the norm that establishes compliance with the pretrial procedure for dispute settlement associated with challenging transactions of the debtor. Special attention is given to analysis of the norms of the Arbitration Procedure Code of the Russian Federation, Federal Law No. 127-FZ of 10.26.2002 “On Insolvency (Bankruptcy)” and the law enforcement practice. The goal of this work consists in articulation of the problem, substantiation of the need for legislative regulation in the indicated field, as well as development of proposals on improvement of the Bankruptcy Act. The scientific novelty lies in the fact that the field of this research has not yet acted as an independent subject of scientific understanding. The scientific novelty is defined by the fact that this topic has not previously become a subject of a separate scientific research, as well as in systemic and comparative legal approach, analysis and criticism of legal sources. The conclusion is made on the need for legislative consolidation of the mandatory pretrial disputes settlement associated with challenging transactions of the debtor. The acquired may be valuable in further formulation of the proposals on improvement of legislation and law enforcement practice within the science of Russian law.