Abstract

The article analyses the problematic issues of applying in 2022 a moratorium on the filing of bankruptcy applications by creditors. This institute, as in a mirror, reflected the conceptual issues that are in the focus of attention of M. Z. Shvarts (the author’s mentor), in honour of whose anniversary the article was prepared: the correlation of substantive and procedural law, the constitutional framework of regulation, forms of judicial protection of subjective rights, the balance of private and public interests, standards of proof, the effectiveness of enforcement, pledge relations, bankruptcy, and many others. The author comes to the conclusion that in its current form, the moratorium is not only unable to stabilise the economic situation, but is a real danger to the legal system.

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