The theory-legal problems of non-competitive challenging of debtor's transactions made for the purpose of causing harm to his creditors

Introduction. The paper deals with the identification of problems related to the practical implementation of the possibility of creditors’ challenging the debtor’s transactions aimed at withdrawing his assets in connection with the possible foreclosure on his debts. Purpose. The authors of the paper attempt to model the theoretical and legal foundations of the institution of non-competitive challenging in Russian civil law. With the help of such general scientific methods as synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors have determined the place of non-competitive challenging in the system of ways to protect the violated creditors’ rights, analyzed the conditions of such protection, and investigated the law enforcement practice. Results. There are no norms in the Russian legislation regulating the challenging of the debtor’s actions committed to the detriment of the interests of his creditors. As a result, to eliminate the gap the judicial practice is forced to carry out the legal regulation using a general legal mechanism for protecting the rights of bona fide persons in the presence of abuse of law by third parties. Conclusions. It is proposed to introduce into the civil legislation the institution of non- competitive creditor’s challenging, which has already found its main features in modern judicial practice.