Published Date: 05.11.2026

Issues of Abuse of Rights in Forming a Bankruptcy Estate: Judicial Practice in Cases of Concealment of Land Plots and Vehicles under the Guise of Social Benefits

Annotation

The article provides a comprehensive analysis of the law enforcement problems that arose after the entry into force of Federal Law No. 67-FZ dated 03/23/2026, which expanded the list of debtor citizens' property protected by executive immunity. Based on a detailed analysis of the current judicial practice of the Arbitration Court of the West Siberian District (the car case), the Fifteenth Arbitration Court of Appeal (the spouse's vehicle case) and the Arbitration Court of the East Siberian District (the empty land case), the formation of new judicial doctrines is being investigated. The author identifies criteria for distinguishing between "socially necessary" property and luxury goods, as well as assets to be sold. Special attention is paid to the problem of abuse of law by unscrupulous debtors who are trying to use legislative innovations to unreasonably withdraw liquid assets from the bankruptcy estate. The paper draws conclusions about the need to establish a balance between humanizing legislation and protecting the interests of creditors, and also proposes specific amendments to Article 446 of the Civil Procedure Code of the Russian Federation and the Bankruptcy Law.




Library

1. Абрамян С.К. Недобросовестное поведение сторон в гражданском обороте: анализ современной судебной практики и возможные пути оптимизации правового регулирования / С.К. Абрамян, К.В. Голубкина // Право и экономика. 2026. № 2 (456). С. 9–14.

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