Anna V. Belitskaya

The article examines the issue of when the state chooses to build vertical relations with investors by providing them with standard measures of state support and other incentives or horizontal structure by means of concluding private law agreements with them, where the parties are formally recognized as equal. The authors came to the conclusion, that any state at any specific moment can determine the ratio between vertical and horizontal support measures within the framework of the implementation of state investment policy, shifting the emphasis from one type to another. Each type of incentive or their combination has its own advantages and disadvantages that compensate each other. The choice in the use of horizontal or vertical measures is determined by the conditions of a specific economic system, the level of competence of state bodies, as well as the quality of economic policy. The Russian Federation is an example of the country that implemented different measures of state economic policy in coordination of the state and private investors in different periods of history.

The common interest acts as a basis for cooperation, sufficient to set aside differences and find a compromise. However, solidarity also manifests itself in a situation when interests are competing or even conflicting (opposite), as, for example, in the institution of insolvency (bankruptcy), which is considered in this article as legal means of implementing of constitutional principles of economic and social solidarity, which were enshrined in Article 75.1 as a result of amendments to the Constitution of the Russian Federation in 2020. The analysis of legal regulation of the institute of insolvency (bankruptcy) as one of the central institutions of market economy and business law, which is based on the idea of balance between private and public interests, led the author to the conclusion that the principle of solidarity manifested itself in domestic law long before it was enshrined in the Basic law. The article pays attention to the correlation of the principle of solidarity with the principles of good faith, reasonableness, proportionality and fairness, the realization of which in combination allows to find the necessary consensus in the triad of interaction between the state-society-business in insolvency (bankruptcy) relations.