Peculiarities of the Legal Regulation of Construction Organizations Bankruptcy Relations

The article identifies and analyzes peculiarities of the legal regulation of bankruptcy of construction companies. In particular, attention is drawn to the equal scope of protection of interests of participants of construction, regardless of the type of the contract under which the developer has attracted funds, peculiarities of interim measures of protection in cases of bankruptcy of developers, a special rule for meeting the requirements of creditors participating in the construction as compared with other creditors in bankruptcy, as well as a special mechanism of repaying claims of participants of shared construction in case the developer has not completed construction of the facility. The author defines the shortcomings of the legislative regulation of the procedure of replacing the developer and conveyancing his rights and obligations to a new developer, i.e. a buyer, associated with obtaining new construction permits, lack of the rule concerning the structure of corresponding and, accordingly, transferable responsibilities of the developer, as well as the norms defining the legal nature and the unified name of the contract with regard to conveyancing of incomplete construction, the land parcel and the obligations of the developer, its essential and other terms. The article presents possible solutions to the problems mentioned above.

Economic crisis, construction, facility not completed by construction, bankruptcy, bankruptcy of developers, developer, construction organization, construction party, contract, creditors' claims registrar, interim measures, replacement of the developer

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