Ensuring the balance of interests of the creditor and the debtor in the Russian legislation on insolvency (bankruptcy)

The author points out the need to ensure a balance between the interests of the debtor and the creditor in the framework of bankruptcy, especially in situations where the only premises suitable for permanent residence of a citizen, who in the context of the cases under consideration is a creditor, is included in the bankruptcy estate. The author studies the position of the Constitutional Court of the Russian Federation on a specific incident related to this direction, raises questions about the actual and prompt receipt of funds by citizens from the debtor. Taking into account the dynamic economic situation, it is proposed to pay the amount to be refunded to the citizen, with interest determined by the key rate of the Bank of Russia, which was in effect during the period when the refund occurs. According to the author, in this way it will be easier for a citizen to take out a mortgage loan or purchase a dwelling that, in terms of area and other criteria, approximately corresponds to the former dwelling.