Cassation Economic Court within the Supreme Court concluded

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Therefore, any transaction committed by the debtor during the period of his obligation to repay the debt to the creditor, as a result of which the debtor ceases to be solvent, should be questioned in terms of his good faith and acquires the characteristics of a fraudulent transaction committed by the debtor to the detriment of the creditors (see the conclusions set out in the resolutions of the Cassation Economic Court of the Supreme Court dated 11/28/2019 in case No. 910/8357/18, dated 03/03/2020 in case No. 910/7976/17, dated 03/03/2020 in case No. 904/7905/16, dated 03/03/2020 in case No. 916/3600/15, dated 05/26/2020 in case No. 922/3796/16, dated 04.08.2020 in case No. 04/14-10/5026/2337/2011, dated 17.09.2020 in case No. 904/4262/17, dated 22.04.2021 in case No. 908/794/19 (905/1646/17)).

Thus, the judicial chamber for considering bankruptcy cases of the that any transaction carried special database out between participants in economic relations, which is concluded to the detriment of creditors, may be fraudulent, therefore, such a transaction may be declared invalid in the procedure of claim proceedings within the bankruptcy case in accordance with Article 7 of the Code of Ukraine on Bankruptcy Procedures on the basis of Clause 6 of Part One of Article 3 of the Civil Code of Ukraine as one committed contrary to the principle of good faith, and Parts Three and Six of Article 13 of the Civil Code of Ukraine on the grounds of inadmissibility of abuse of law, in contrast to the declaration of invalidity of a fictitious transaction, only on the basis of Article 234 of the Civil Code of Ukraine. In such a case, filing a claim within the bankruptcy case to declare the debtor's transactions invalid based on the general principles of civil law and the inadmissibility of abuse of rights is an appropriate method of protection that guarantees a practical and effective opportunity to protect the violated rights of creditors and the debtor.

The Grand Chamber of the Supreme Court, in its resolution of September 7, 2022 in case No. 910/16579/20, noted that the conclusion of a transaction by the owner of property to the detriment of his creditors may consist both in the transfer of the debtor's property by the owner to third parties, and in the creation of preferences in satisfying the claims of a certain creditor to the detriment of other creditors of the debtor, as a result of which there is a risk of non-satisfaction of the claims of other creditors.