SOME PROBLEMS OF ABUSE OF LAW IN BANKRUPTCY PROCEEDINGS IN ARBITRATION COURTS

Denkovich Viktor S.

In this article, the problematic issues of abuse of law in the consideration of bankruptcy cases in arbitration courts are considered. The judicial practice is investigated and the following conclusions are made. Abuse of the right in the form of concealment of property when considering bankruptcy cases in arbitration courts includes: the actual transfer of property to a place about which the arbitration or financial manager, the temporary administration of a credit institution is not aware. Failure to provide information about the hidden property in this case does not have an independent character and is fully covered by the concealment of property; failure to report information about the debtor's property, when bankruptcy of a legal entity; conclusion of imaginary transactions mediating the transfer of property, as well as property rights to a third party, which do not aim at the onset of real legal consequences. In case of legal concealment of property and property rights, the infliction of major damage to creditors must be associated with a decrease in the debtor's assets. A decrease in the debtor's assets occurs when an imaginary transaction is concluded, according to which property, property rights are transferred to a third party. In case of actual concealment of property and property rights, as well as information about property, the moment of termination is determined by the moment of occurrence of the obligation defined by Law to provide the authorized person with property, property rights or information about them.

Keywords:bankruptcy, arbitration court, abuse of law, concealment, property rights, arbitration manager