On the question of the theoretical foundations of the institute of insolvency (bankruptcy) in the Russian Federation

Within the framework of this article, the theoretical foundations and essence of bankruptcy procedures, some issues of the implementation by the subjects of these legal relations of measures to maintain a balance of interests are considered. The relevance of the research topic is characterized by the need to improve the institution of insolvency (bankruptcy), taking into account the organizational aspects of the organization of bankruptcy proceedings, as well as the significant influence of this institution on the effectiveness of ensuring the constitutional rights of citizens and legal entities. Moreover, attention should be paid to the optimization of the regulatory framework, in terms of determining the identification of acts of unfair behavior of participants in credit agreements. Effective regulation of the regulatory framework and behavior of subjects of legal relations, including certain aspects of the legal mechanism within the institution, is a fundamental provision not only for maintaining a balance of interests, but also for improving individual economic processes. It is necessary to establish a clear interpretation of regulations containing provisions on the conditions for determining the bona fide behavior of participants in bankruptcy proceedings. Within the framework of this scientific work, the authors of the article analyzes the institute of insolvency (bankruptcy), determines some features of the implementation by the subjects of these legal relations of measures to maintain a balance of interests, makes a comparison between the theoretical and practical sides of this issue.