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Article

Банкротство застройщика: участники долевого строительства не в равных условиях

Лукьянчикова Е. Н.

The author touches upon the issue of unequal rights of participants of shared construction during the bankruptcy of a builder. For instance, according to the literal interpretation of the rules on bankruptcy, the construction participants, who invested money into the cottage and apartment building in townhouses consisting of two blocks, are deprived of the right to include the requirement into the register of requirements for the premises transfer. In this regard, the author considers the concepts of an apartment house and a house of blocked building enshrined in law; determines whether the provisions of the Federal Law «On Insolvency (Bankruptcy)» (subparagraphs 3 and 3.1 of paragraph 1 of article 201.1) meet the requirements of the constitutional principle of equality; analyses the possible reasons for deviating from this principle; explores the present-day judicial practice on the inclusion into the register of requirements for the premises transfer the ones that concern cottages; specifies the conditions under which such requirements may be included in the register. The author concludes that the right to include the requirement into the register of requirements for the premises transfer should be also given to the construction participants who deposited money under the agreement on participation in shared construction. This agreement might concern: 1) flats in the apartment houses consisting of two blocks; 2) cottages under the condition that there is a unitary construction project; the general housing infrastructure is created; funds of construction participants are accumulated for building up the territory.