Abuse of Law in the Area of Insolvency (Bankruptcy)

Abstract

The article reveals the features of abuses related to insolvency (bankruptcy) cases, gives the reasons for the limited normative fixing of measures to counter bad faith in these legal relations. The consequences and prerequisites of procedural dishonesty are analyzed. A distinction is made between abuses in insolvency cases, depending on the specifics of their occurrence.The problems associated with the use by the courts of the explanations of the highest court on the issues of determining the signs of insolvency are identified. Through the study of judicial practice, the use by the courts of the provided legal tools to counter abuses in the field of insolvency was discovered and described.