North Caucasus Legal Vestnik

Abstract

Purpose. The study of the constitutional and legal aspects of the relationship between private and public interests in bankruptcy legislation, as well as the analysis of the role of the state in regulating legal relations related to bankruptcy.Methods. The methodological basis of the research is the analysis of regulatory legal acts, judicial practice and scientific works devoted to the problems of bankruptcy. The article examines the historical prerequisites for the formation of the bankruptcy institution, as well as modern approaches to balancing private and public interests in this area. The author highlights the key tasks of the state as a regulator and participant in bankruptcy relations, emphasizing the need to respect the equality of rights of all subjects.Results. The results of the study show that the public interest in bankruptcy is aimed at ensuring the stability of the economy, protecting the rights of an indefinite circle of people and preventing abuse. At the same time, the private interests of creditors and debtors should be taken into account equally.Discussion. The relationship between private and public interests in bankruptcy is one of the most difficult problems of modern law. On the one hand, the state should minimize interference in private legal relations so as not to violate the principle of autonomy of the will of participants in civil turnover. On the other hand, the public interest requires the active participation of the state in bankruptcy regulation, especially in cases where the bankruptcy of large corporations or the mass bankruptcy of medium-sized enterprises can lead to economic destabilization. An analysis of the practice of the Constitutional Court of the Russian Federation shows that the court recognizes the permissibility of public law interference in private law relations, but at the same time consistently emphasizes the need to balance the interests of all participants in legal relations. However, the question of how effectively this balance is maintained in practice remains open and requires further investigation.Conclusions. As a conclusion, it is proposed to consolidate the principle of ensuring a balance of private and public interests in bankruptcy legislation, as well as establish clear rules for the participation of government agencies in bankruptcy proceedings to prevent a preponderance of public interests.