13.03.2025

In Ukraine, the issue of fraudulent transactions has become relevant relatively recently. On 03.07.2019, the Grand Chamber of the Supreme Court in case No. 369/11268/16-ц defined fraudulent transactions as actions of the debtor committed to the detriment of creditors. The Supreme Court also emphasised the need for good faith in civil law relations, which implies honesty, openness and respect for the interests of the other party.
In addition, in its ruling of 19.05.2021 in case No. 693/624/19, the Court identified the signs of a fraudulent transaction. In particular, such signs include the moment of entering into the agreement, the identity of the counterparty (for example, a relative or affiliate of the debtor), and the price’s compliance with market conditions.
The analysis of the court practice and the identification of the signs of fraudulent transactions was carried out by the attorney and partner of AP “Shkrebets & Partners” Yuriy Artyukh.
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