Institute of insolvency (bankruptcy) of citizens: continuity and innovations

Abstract

In this article, the author examines the historical heritage of the works of Sergei Mikhailovich Korneev, including the development of the topic of bankruptcy of citizens that he began in the cathedral textbook. The historical path of development of the legislation on bankruptcy of citizens in modern Russia is given: from the Federal Law of 08.01.1998 N 6-FZ “On Insolvency (Bankruptcy)” to the Federal Law of the same name of 10.26.2002 N 127-FZ and, finally, the Federal Law of 06.29.2015 N 154-FZ, which actually introduced the institution of bankruptcy of citizens and the Law on extrajudicial bankruptcy of citizens (Federal Law of July 31, 2020 No. 289-FZ). The difference between consumer and commercial bankruptcy is given; reveals the features of the implementation of constitutional principles in the process of insolvency (bankruptcy) of citizens. As part of the consideration of the principle of the social state, the problem of excluding the subsistence minimum for a dependent child from the bankruptcy estate and the problem of selling the only housing of the debtor are considered. A characteristic is given of the formed judicial practice of the Constitutional Court of the Russian Federation on the issue of limiting the executive immunity of the only housing, as well as the practice of the Supreme Court of the Russian Federation, which established the principles for the provision of replacement housing.

References

1. Korneev, S.M. (1956). Agreement on the supply of electricity between socialist organizations. Moscow (in Russ.).
2. Korneev, S.M. (1962). About the method of lecturing on civil law at the evening department. Moscow University Bulletin. Series 11. Law. 1. pp. 72–75 (in Russ.).
3. Korneev, S.M. (1982). Fundamentals of housing legislation of the USSR and the Union republics — an important stage in the development of housing legislation. Moscow University Bulletin. Series 11. Law. 1. pp. 33–39 (in Russ.).
4. Korneev, S.M. (1984) Improving the Efficiency of Legal Regulation of Civil Liability for Guilty Violation of Contractual Obligations between Socialist Organizations. In S ., Velivis, P., Vitkevičius, I., Nekrošius and P., Rasimavičius (Eds.). Legal support of contractual and labor discipline: Abstracts of reports of the republican conference (pp. 33–38). Vilnius (in Russ.).