Andrei A. Tarasenko

There is no single consistent concept of the procedural form in bankruptcy cases in Russian scientific and judicial doctrines. The author proves that the procedural aspect of the phenomenon of insolvency determines the quality of the mechanism of legal regulation. Specific theoretical and practical issues are highlighted, the resolution of which is possible exclusively by procedural legal means: the place and role of the court in bankruptcy cases, the validity of procedural differentiation, the breadth of the circle of persons involved in bankruptcy and bankruptcy proceedings, the degree of socialization of the competitive process, etc. Noting that the development of a coherent concept of the procedural form depends on the correct choice of scientific research methods, the author suggests using system-structural, instrumental methods, as well as methods of abstraction and concretization. It is proved that the essential characteristics of the procedural form in bankruptcy cases are distributed in three projections: civil or investigative in nature; private or public law principles; liberal or social elements of development. A step-by-step methodology for further research is proposed.