slightly  different  consequences  than  in  the  normal 
course  of  business.  The  existence  of  grounds  for 
challenging transactions in the course of bankruptcy 
proceedings  (even  under  comparable  market 
conditions  of  the  transaction)  may  be  justified  and 
economically justified. For example, the alienation of 
property at market value, but with priority repayment 
of  debts  to  one  creditor  to  the  detriment  of  other 
creditors,  may  be  the  basis  for  challenging 
transactions.  
And in this case, there is a probabilistic asset, and 
as a result, a proportionate obligation (Shchepot’ev, 
2020). As a result of challenging the transaction, the 
business entity will receive  both an additional asset 
and an additional liability, and the amount of its own 
funds  will  not  change.  However, the  resulting  asset 
(as  a  result,  it  will  eventually  be  transformed  into 
cash) can be  used to ensure  the bankruptcy process 
itself (extraordinary payments) or used to extinguish 
the accounts payable (obligations) of creditors of an 
earlier stage (economically and legally less protected 
group of creditors). For example, the received funds 
(when challenging transactions) may be used to pay 
off salary debts, but not to legal  entities;  to  pay off 
debts  to  unaffiliated  creditors,  to  the  detriment  of 
affiliated  creditors  or  owners,  since the  relationship 
with  the  affiliated  persons  could  be  aimed  at 
withdrawing  assets  or  causing  damage  to  the 
organization. 
In  bankruptcy  proceedings,  challenging 
transactions  (regardless  of  the  market  value  of  the 
transaction)  has  a  clear  economic  meaning.  That  is 
why the  expected receipt of an  asset (even with the 
condition  of additional obligations) in the course of 
challenging  transactions  can  and  should  be 
considered  as  a  probabilistic  asset,  taking  into 
account  the  probability  of  obtaining  the 
corresponding asset in the course of legal proceedings 
and  actions  to  execute  a  judicial  act  (Shchepot’ev, 
2020).  Moreover,  the  occurrence  of  a  probabilistic 
asset  can  lead  to  the  occurrence  of  a  probabilistic 
liability (Shchepot’ev, 2020). 
The  existence  of  grounds  for  bringing  the 
executive body  or  the  owner  of  the  organization  to 
subsidiary  and  /  or  joint  liability,  including  the 
occurrence  of  such  grounds  in  the  course  of 
bankruptcy  proceedings.  In  the  course  of  economic 
activity,  there  are  cases  when  the  owner,  who  has 
control  functions, makes  a  decision  in  relation  to  a 
dependent  (or  subsidiary)  company  that  is  directly 
beneficial  to  him,  but  has  brought  losses  to  the 
company  and  other  co-owners.  The  actions  of  the 
executive  body  may  also  lead  to  losses.  In  such 
situations, the company may have the right to hold the 
executive  body  or  the  owner  of  the  company 
accountable. 
 The presence of such grounds and the intention to 
carry  out  such  actions  can  be  considered  as  a 
probabilistic  asset.  It  should  be  noted  that  the 
probability in this case is to determine not only with 
regard  to  the  alleged  receipt  of  a  proper  (well-
established in the appellate and cassation instances) a 
judicial act, but also with the financial capacity of the 
Executive body or owner for damages, i.e. taking into 
account  the  probability  of  the  actual  execution  of 
fully or partially judicial act to repay the damage from 
the actions of the Executive body or owner. 
Probabilistic  assets,  in  most  cases  of  their 
occurrence, are caused by the relevant circumstances 
and the implementation of targeted actions on the part 
of the economic entity.  
For the transformation of a probabilistic asset into 
property,  property  rights  that  have  all  the 
characteristics  of  a  real  asset,  the  actions  of  the 
relevant  authorized  bodies  (the  executive  body  or 
other  management  bodies)  are  necessary.  It  is  not 
enough to have the right to buy back the property at a 
reduced  price,  this  right  must  be  used  in  a  timely 
manner. It is not enough to have the right to recover 
lost  profits,  losses  caused,  or  to  bring  someone  to 
subsidiary  or  joint  liability.  It  is  necessary  to  take 
purposeful  actions.  But  in  this  aspect  (taking  into 
account  the  circumstances),  the  occurrence  of  a 
probabilistic  asset  does  not  relate  to  the  normal 
business  activity  of  the  company.  A  probabilistic 
asset will not be defined as an additional increase in 
assets due to the profit received in the ordinary course 
of  business  due  to  the  normal  amount  of  profit 
inherent  in  this  type  of  activity.  For  example,  the 
resulting  increase  in  cash  during  normal  trading 
activities  (purchase  and  sale  of  goods)  will  not  be 
defined as a probabilistic asset, since such activities 
are  determined  by  the  rate  of  profit  in  trading.  As 
already  noted,  the  probabilistic  asset  may  occur  in 
emergency, non-standard or atypical situations, when 
the  circumstances  have  led  to  the  existing  state  of 
Affairs,  and  purposeful  activities  of  an  economic 
entity though and require concerted action (as well as 
spending various resources), but the estimated costs 
disproportionately  small  with  intended  (albeit 
probabilistic) additional economic benefits. 
The estimated asset gain from real estate agency 
real estate trading will not be a probabilistic asset at 
its core. But the expected growth of assets from real 
estate,  purchased  at  a discounted  price  significantly 
below  market  size  (grace  redemption  involves  the 
purchase at a price significantly below market), can 
be regarded as probabilistic asset, because the right to 
ISSDRI 2021 - International Scientific and Practical Conference on Sustainable Development of Regional Infrastructure