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EQUITY acted as the traditional General Partner of the anniversary X Restructuring and Bankruptcy Forum
On 4 March 2025 Kyiv hosted the anniversary X Restructuring and Insolvency Forum under the traditional General Partnership of EQUITY.
"We have survived the banking crisis, triggered in part by the first wave of Russian aggression. We have endured COVID-19. Now, we find ourselves in the fourth year of Russia’s unprovoked full-scale war against Ukraine. At this critical moment, we must address a key question: how do we strengthen the state, prevent economic collapse, and preserve economic ties between Ukrainian businesses and consumers? How do we ensure resilience, retain employees, maintain profitability, and, most importantly, support Ukraine’s defense needs?" – with these words, Oleh Malinevskyi, Managing Partner at EQUITY opened the first session of the X Restructuring and Insolvency Forum.
Together with distinguished speakers, including the Deputy Minister of Justice of Ukraine, a judge of the Judicial Chamber on Bankruptcy Cases of the Supreme Court, the Director of Legal Affairs at Ukroboronprom, the Partner and Head of Litigation Practice at Alekseev, Boyarchukov & Partners, and the Director of the Department of Restructuring and Project Management of Distressed Debt at JSC Ukreximbank, we delved into the most pressing issues facing the industry.
The speakers paid special attention to the discussion of moratoriums on satisfaction of creditors' claims and the topic of judicial activism in bankruptcy cases.
They also discussed the strategic priorities of insolvency proceedings, and the topic of NPL portfolio management remained relevant.
They also discussed the strategic priorities of insolvency proceedings, and the topic of NPL portfolio management remained relevant.
Dmytro Tylipskyi, Counsel at EQUITY spoke at the 3rd session of the X Restructuring and Bankruptcy Forum on the topic: "Counteracting the Abuse of Rights in Bankruptcy Proceedings."
"Courts still lack a unified approach to defining abuse of rights — its boundaries, interpretation, and legal implications. However, one thing remains undisputed: abuse of rights is inherently wrongful, as it involves using the law for malicious purposes," noted Dmytro.
During his presentation, he provided insights into the number of rulings by the Commercial Cassation Court in bankruptcy cases that reference the "prohibition of abuse of rights." He also examined the concept through the lens of Roman legal doctrines and court precedents.
Dmytro further explored various forms of abuse in bankruptcy proceedings, highlighting fraudulent transactions as a classic example. Concluding his speech, he shed light on the phenomenon of "friendly creditors" and the artificial initiation of bankruptcy proceedings as distinct types of abuse — alongside other significant insights.
The full presentation is available in Ukrainian at the following link.
"Courts still lack a unified approach to defining abuse of rights — its boundaries, interpretation, and legal implications. However, one thing remains undisputed: abuse of rights is inherently wrongful, as it involves using the law for malicious purposes," noted Dmytro.
During his presentation, he provided insights into the number of rulings by the Commercial Cassation Court in bankruptcy cases that reference the "prohibition of abuse of rights." He also examined the concept through the lens of Roman legal doctrines and court precedents.
Dmytro further explored various forms of abuse in bankruptcy proceedings, highlighting fraudulent transactions as a classic example. Concluding his speech, he shed light on the phenomenon of "friendly creditors" and the artificial initiation of bankruptcy proceedings as distinct types of abuse — alongside other significant insights.
The full presentation is available in Ukrainian at the following link.
We extend our sincere gratitude to all participants and speakers for a highly insightful discussion and valuable contributions that will shape the future of the industry. Let’s continue working together to build a stronger and more resilient Ukraine!
