Банкротство застройщика как социально-экономический фактор реализации механизма правового регулирования прав участников долевого строительства

Abstract

The problems of protecting the rights and legitimate interests of participants in shared-equity construction, construction participants and investors arising as part of the of the bankruptcy procedure of the developer are considered. It is noted that there is no concept of a single legal equality of the rights of subject participating in the bankruptcy procedure. It is stated that there are no uniform terminological constructions that allow unambiguously and definitively interpreting the concepts of “participants in shared-equity construction” and “developer of shared construction”, “construction participants”, “developer as a subject of bankrupt legal relations”, taking into account the transformation of a participant in shared-equity construction into a construction participant in the bankruptcy procedure of the developer. The relevance of the research is to assess the changes made in 2018 to the Federal Law of 26.10.2002 No. 127-FZ “On Insolvency (Bankruptcy)” and not received a comprehensive analysis in the doctrine. The practical significance of the study is determined by the analysis of the problems that have arisen in connection with these changes in law enforcement practice in the implementation of legal regulation of the exercise of creditors’ rights arising from the agreement of participation in shared-equity construction, as well as the rights of creditors recognized by the Federal Law “On Insolvency (Bankruptcy)” as construction participants. Other, no less significant issues of the transfer of the rights and obligations of the developer to the acquirer – the public law company “Territorial Development Fund” are also being considered. The purpose of the fund’s activities is to promote the implementation of the state housing policy aimed at increasing guarantees for the protection of the rights and legitimate interests of citizens participating in construction (including participants in shared-equity construction, members of housing cooperatives that have claims for the transfer of residential premises, parking spaces, non–residential premises).