Repayment of requirements of construction participants: critical analysis of the main provisions of the legislation on bankruptcy real estate developers

The author analyzes the practice of arbitration courts of the bankruptcy estate developers and highlights the main issues relating to the repayment requirements of participants in the construction, according to the provisions of the peculiarities of the bankruptcy estate developers, introduced in the Russian legislation in 2011. It concludes on the need to exclude from the Federal Law «On Insolvency (Bankruptcy)» subparagraph 1 of paragraph 3 of Article 201.10 and subparagraph 3 of paragraph 3 of Article 201.11 in order to protect the rights and legitimate interests of bona fide investors in the primary housing market.