Investors ' rights protection in case of insolvency (bankruptcy): constitutional and judicial aspects
The article is devoted to topical issues of formation of law enforcement practice of the highest court instances in the Russian Federation on disputes of the private investors' rights protection. In modern conditions, as the country's economy develops, the composition and structure of economic, investment, and financial relations become more complex. An alarming trend in recent years is the increase in the number of bankruptcies of business entities, accompanied by the invalidation of transactions made with their participation. Often independent subjects of civil turnover enter into economic relations with other parties, who are subsequently recognized as insolvent (bankrupt), not being able to predict or prevent negative financial scenarios. This leads to a decrease in the stability of certain segments of financial markets and economic complexes, requires increased attention to the problem of unity of judicial enforcement in the relevant categories of cases, and indicates the need to revise the relevant legislation. At the same time, the importance of constitutional justice as an instrument of higher legal supervision in the aspect of forming a reliable and efficient legal and practical methodology is increasing.