Effect in time of the legal norms regulating mechanisms for protecting the rights of shared-equity construction participants in the bankruptcy procedure of the project-developer

Автор: Sukhanova M.G.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 2, 2023 года.

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In order to maintain the confidence of citizens in the law, the legislator should strive to ensure the preservation of stable legal regulation inadmissibility of making arbitrary changes to the current legal system. This issue has been repeatedly indicated in the positions of The Constitutional Court of the Russian Federation with an indication of the need to provide citizens with the opportunity (in particular, by establishing temporary regulation) during some transitional period to adapt to the changes being made. In the frame of present article the author analyzes the provisions of the bankruptcy legislation on the insolvency procedure of the projectdeveloper. In recent years, it has been characterized by a special dynamism of development due to the constant search for the most effective way to protect rights of the shared-equity construction participants. The presented analysis of changes in the bankruptcy legislation in terms of protecting the rights of construction participants, especially legal entities, evidences that these actors obviously did not have the opportunity to adapt to the changes taking place, concerning not only the actual legal regulation of protective mechanisms, but also the order of their application to certain legal relations.

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The effect of legal norms in time, regulation changes, the projectdeveloper failure, application of the temporary regulation, legal status of the shared-equity construction participants, stability of legal regulation

Короткий адрес: https://sciup.org/147240988

IDR: 147240988   |   DOI: 10.17072/2619-0648-2023-2-100-112

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