TAKING CARE OF PARENTS SHOULD NOT BE PUNISHABLE

The manager of the debtor-citizen appealed to the court with a statement challenging the transfer of funds by the debtor in favor of the defendant (case no. A40-259503/21).

The courts of two instances satisfied the application and noted that the transactions were made by the debtor in the presence of unfulfilled obligations to creditors in favor of the interested person free of charge.

The cassation did not agree with this approach and sent the dispute for reconsideration, pointing out the following:

• In the present case, the defendant, objecting to the satisfaction of the stated claims, referred to the fact that at the time of the disputed payments he was (and is) a pensioner, in 2020 he needed significant expenses for the purchase of medicines and payment for medical services, in which the debtor financially helped him with disputed payments, attaching appropriate documents to the objections.

• The courts did not investigate or establish the circumstances of the defendant's need for assistance during the disputed period, including whether the defendant's financial situation was sufficient or insufficient to meet his vital needs, taking into account his age, health status and other circumstances, as well as a reasonable amount for assistance.

• The courts did not ask the defendant to provide evidence of receiving a pension in an appropriate amount, information about bank accounts opened in his name, and bank statements of accounts for the disputed period to confirm his financial situation.

• It has not been taken into account by the courts that the transfer of funds for the maintenance of disabled parents in need of assistance in a reasonable amount, not exceeding the amount necessary for assistance, does not imply a counter-provision in economic equivalent and cannot be qualified as harming the rest of the debtor's creditors (as well as the transfer of funds for the maintenance of minor children).