Annotation

The article conducts a fundamental study of the problems of applying limitation periods in insolvency cases. Based on the analysis of current judicial practice of 2024–2025 and modern doctrine, conflicts between the public law goals of bankruptcy and the principle of legal certainty are examined. Special attention is paid to the problem of applying the objective ten-year limitation period to transactions with “nominal owners” and “anti-creditor trust” structures. The procedural right of creditors to declare the expiration of the limitation period in case of the debtor's inaction is investigated. Proposals are formulated to improve legislation regarding the unification of the start of periods and the introduction of the doctrine of refusal to protect rights in case of abuse of limitation periods.