Law enforcement aspects of the establishment interest in making a deal

The article considers the concept of interest in relation to the challenge of extraordinary transactions of business companies. The concept of interest, which is given enough attention at the level of research, in the legislation is insufficiently specified, which indicates a low level of legal technique of the legislator, refusal to elaborate in detail the essence of the definition, its definition, components, the possibility of manifestation in practice. The current legal regulation in this area does not allow to form uniformity of judicial practice due to the insufficiency of the existing definition, expansive interpretation of the concept of interest. In this part of the assessment of the factual component and qualification of the legal relations that have arisen is left entirely to the discretion of the court, to whose competence the consideration of the arisen dispute is attributed. This results in sometimes somewhat arbitrary interpretation of the concept, even in the presence of legal positions of higher courts. There is insufficient uniformity of court practice, which should be regarded as a problem, because its absence is a prerequisite for taking different decisions in situations of similarity of factual circumstances, refusal to protect a right or unreasonable granting of protection in the absence of grounds for it, as well as the continuation of the procedure of court proceedings, which lasts for years in Russia, which also does not contribute to the construction of a truly rule-of-law state, in which all guaranteed rights are protected and their subjects are able to defend them. In addition, challenging interested-party transactions in practice involves certain difficulties in finding and presenting evidence. In the aggregate, the existing problems lead to the fact that the mechanism of proof in cases of this category does not allow to fully ensure the protection of the rights and legitimate interests of participants of business companies. Consequently, there is a need to study and analyze law enforcement practice to identify the most difficult aspects of proving. Based on the results of the study, the current problems of proving in cases of contesting interested-party transactions are highlighted and possible ways of their solution are formulated.