On protection of the rights and legal interests of the buyer and creditors of the strategic debtor in the case on inconvention (bankruptcy)

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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.

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About the authors

Liliya V. Borisova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: lilya-borisova@yandex.ru

PhD in Law, Associate Professor, Senior Research Fellow of the Sector of Procedural Law

Russian Federation, Moscow

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