RESTRICTION OF THE RIGHTS OF PARTICIPANTS OF THE COMPETITIVE RELATIONS IN THE RUSSIAN LEGISLATION ON INSOLVENCY (BANKRUPTCY): GOALS, ISSUES OF FAIRNESS AND PROPORTIONALITY

Based on the analysis of the current legislation provisions, the principle of admissibility of subjective rights limiting is formulated; the goals of such limiting are established and classified in terms of interaction of public and private interests. The notions of fairness, proportionality of the rights restrictions in general as the common legal categories, and further, in particular, the rights of competitive creditors, authorized powers and debtor in two meanings: as potential principles of legislation on insolvency (bankruptcy), as well as the urgent issues of its enforcement and interpretation. The specified categories are examined with regard to the requirements of the legally equal protection of rights and legal interests of persons involved in the case of bankruptcy at its different stages.

limitations of rights, goal of the rights restriction, public and private interests, legislation on insolvency (bankruptcy), principles, participants of competitive relations, justice, proportionality, proportionality, conflict of interest, bankruptcy notice, meeting requirements of creditors