Invalidity of Transactions with Unfair Preference under Bankruptcy of the Debtor

The present master's qualifying work is devoted to the issues of invalidity of transactions with preference in case of debtor’s bankruptcy in the Russian Federation. The student conducted an analysis of the doctrine, regulation and judicial practice on issues related to challenging in bankruptcy cases transactions that had favored separate subjects over other debtor’s creditors. Among such issues, in particular, there are theoretical issues of challenging preferential transactions; the legal set of facts (legal composition) of invalidity of transactions with preference under Russian law; circumstances precluding the possibility of invalidation of a transaction with preference; the consequences of the invalidity of the transaction with preference. The author proposed criticism of theories of transactions` challenging under bankruptcy law, a definition of the concept of “transaction with preference”, put forward a proposal for improving the legislation regarding the consequences of the invalidity of transactions with preference.