The problem of contradiction between labour and bankruptcy legislation of Russian Federation in court practice

Introduction: According to the sense of article 5 of Labour Code it has the priority in the regulation of labour relations. In the case of collision the norms of Labour Code are applicable. However, in practice some situations may appear when labour relations are mostly regulated by other acts. And very often such regulation cuts across with Labour Code. The regulation of labour relations in the case of employer’s insolvency is one of the most remarkable examples of such situation. Purpose: The article contains the analysis of court practice, illustrated the most spread situations in which regulation insolvency law gets the priority. For example, it is possible to invalidate labour contracts or agreements to them, connected with remuneration for work. Methods: methodological basis of this article is a complex of methods of scientific knowledge, among which the following ones should be mentioned: general scientific methods, as analysis, synthesis and systematic approach and such private-scientific methods of research, as technical method and rather-legal analysis. Results: The courts practice analysis shows that today the methods of regulation of civil relations is used in labour relations regulation. The article also illustrates the problem of getting the social benefits for employees of insolvent employer. It is also stated that there are some procedural difficulties while protecting workers’ right. Conclusions: It is stated that it is necessary to provide a clear demarcation between the scope of labour law and the scope of bankruptcy legislation. And the absolute priority should be granted to labour legislation.