The Concept and Features of Interconnected Transactions in the Russian Federation

This article discusses the formation of the concept and signs of interrelated transactions in the Russian Federation (hereinafter referred to as the “RF”). An attempt to reveal the rules for a special procedure for approving a transaction related to an interconnected transaction is made, as well as the analysis and development of signs of interconnected transactions. The position of the higher courts is considered, expressed in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2018 № 27 “On contesting major transactions and transactions in which there is an interest” (hereinafter — “Regulation of the Armed Forces of the Russian Federation № 27”). Conclusions are drawn that modern criteria provide an incomplete description of interrelated transactions. There is search for other criteria necessary for recognizing transactions as interconnected. The jurisprudence confirming the main signs of interconnected transactions is analyzed. The doctrinal definitions of interdependent transactions have been studied and a proposal has been developed to legitimize a single concept in Chapter 9 of the Civil Code of the Russian Federation (hereinafter referred to as the “CC RF”) and an open list of signs that courts can use in resolving disputes.