CHALLENGING INTERRELATED TRANSACTIONS BY CREDITORS AS A MEANS OF RESTORATION OF THE BALANCE OF INTERESTS

The combination of internally related volitional actions and their consequences “reveals” the real common cause of transactions, and therefore interconnected transactions are subject to “reconstruction” into a single transaction. Such a single transaction can be verified for any element of invalidity provided for by Chapter III.1 of the Bankruptcy Law or in relation to articles 10 and 168 of the Civil Code of the Russian Federation. The basis of bankruptcy reconstruction as a legal means of restoring the balance of interests is the idea of establishing a connection (according to the model of a necessary condition) between various actions (transactions) and their actual impact on the bankruptcy estate on the basis of a procedural assessment of various facts and their subsequent legal qualification as a single tort.