Annotation

This work is devoted to a new legal approach reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Supreme Court of the Russian Federation) dated 12/17/2024 No. 40, aimed at consolidating the presumption of the debtor's insolvency. The author draws attention to the trends on the inadmissibility of formal consideration of the validity of claims for declaring a citizen insolvent (bankrupt) and rehabilitation of the debtor. The article emphasizes the importance of the inadmissibility of the formal introduction of a procedure based on incompletely investigated circumstances. The paper also presents the opinions of representatives of the professional community, indicating the positive side of the application of this approach. The author additionally noted that the established legal approach should be applied along with the establishment of good faith behavior of the debtor in refuting the presumption. In conclusion, the author comes to the conclusion about the emerging trend towards socially rehabilitating bankruptcy.