ON PROTECTION OF THE RIGHTS AND LEGAL INTERESTS OF THE BUYER AND CREDITORS OF THE STRATEGIC DEBTOR IN THE CASE ON INCONVENTION (BANKRUPTCY)

Abstract

The article defined problems of ensuring a balanced ratio of the rights and legitimate interests of both the state and the buyer and creditors in the case of insolvency (bankruptcy) of a strategic enterprise and organization and offers suggestions for their solution. The aspect of protecting the rights of creditors when challenging the transactions of an insolvent debtor – a strategic enterprise or organization has been studied. Separate features are singled out that distinguish the concept of a transaction in the civil law sense and within the framework of bankruptcy legal relations. The problem of the variability of court approaches to the evaluation of transactions of a strategic debtor made in the course of ordinary business activities is shown.