The practice of foreclosing on intellectual property in insolvency (bankruptcy) procedures

As part of the implementation of the concept of maximum possible satisfaction of creditors' rights within the framework of insolvency (bankruptcy) relations, which is currently implemented in domestic civil legislation and is recognized as dominant in civil doctrine, one of the controversial issues remains the problem of including intellectual property objects in the bankruptcy estate as objects, due to the cost of which it is possible to increase the percentage of probability of compensation for losses of competitive creditors. Analyzing the main provisions of normative acts regulating insolvency (bankruptcy) relations, points of view regarding the problem identified as the purpose of the study, materials of judicial practice, the author comes to the conclusion that it is necessary to further improve legislation in terms of creating mechanisms for determining the turnover of intellectual property objects in insolvency (bankruptcy) relations, their inclusion in the bankruptcy estate, improvement mechanisms for their evaluation and bidding, as well as protection of the rights of third parties, who were in contractual relations with the counterparty prior to the recognition of the counterparty as a debtor. the subject of which was the use of exclusive rights to the results of intellectual activity.