The place of legal positions of courts in the mechanism of legal regulation of insolvency (bankruptcy)

The article formulates the concepts of legal regulation and the mechanism of legal regulation, expresses an opinion on the regulatory nature of the conclusions drawn up by judicial practice. The theory of legal principles is briefly revealed, the nature of the legal positions of the courts is indicated. The opinion is expressed about the essential importance of the system of arguments justifying the content of the legal position. The article analyzes the legal positions of the Constitutional Court of the Russian Federation in cases of insolvency (bankruptcy) of citizens, in particular, on the possibility of foreclosure on "luxury" housing, provided that replacement housing is provided (Resolution No. 11-P of 14.05.2012), and also about the need to comply with the guarantees of the rights of participants in shared ownership (the rule on the pre-emptive right of purchase, which can be realized before the start of public auctions) when selling at auction a share in the right of common ownership of a dwelling and the land plot on which it is located (Resolution No. 23-P of 16.05.2023).