To the issue about the subjective limits of the judicial acts validity in insolvency proceeding (bankruptcy)

The question of the subjective limits of the legal force of judicial acts is one of the most urgent and problematic when insolvency (bankruptcy) is considered by the courts. This is due to the fact that in the insolvency procedure there is a special, extraordinary procedure for satisfying creditor’s claims. Based on the analysis of law enforcement practice, it is necessary to adopt an approach according to which the legal force of a judicial act will apply only to the persons participating in the case. This approach will eliminate the abuses of the parties in connection with a broad interpretation of the rules on the binding nature of judicial acts.