PROBLEMS OF CONTESTING THE DEBTOR'S TRANSACTIONS IN THE EVENT OF BANKRUPTCY OF A CREDIT INSTITUTION
The banking sector is largely specific, which also manifests itself in a situation of bankruptcy of a credit institution, in particular, when challenging transactions with preference. In some cases, this creates problems in the implementation of special provisions on the invalidity of such transactions, since bank operations carried out in the framework of its “normal” activities may meet the presumption of voidable transactions, but, in fact, do not cause damage to the economic interests of the credit institution or its creditors. It is concluded that it is possible to recognize as a voidable transaction only a banking operation, the result of which was the actual reduction of the bank's assets or the sources of their formation. Simultaneous reduction of the bank's rights of claim and claims against the credit institution itself, settlement transactions related to currency conversion with subsequent crediting of funds cannot be recognized as invalid transactions, even if there was a preference.