Balance the interests of mortgagor and Mortgagee in the case of a clear disproportion between the value of the property the amount of debt

The rule of paragraph 2 of Art. 348 of the Civil Code of the Russian Federation is scrutinized. According to this rule, foreclosure on pledged property is not allowed, if the breach of the obligation secured by the debtor is insignificant and the amount of claims of the pledge holder is therefore obviously disproportionate to the value of the pledged property. Presumptive nature of this rule is noted. Legal precedents, according to which the rule of paragraph 2 of Art. 348 of the Civil Code of the Russian Federation is not applied in the absence of the presumptive conditions specified in it, is criticized. The criteria for the admissibility of the application of the said rule are suggested.