Problems of the legal status of construction participants as persons participating in the bankruptcy case of the developer

Mashin Aleksandr Alekseevich

This article provides the definition and characteristics of the legal status of a participant in construction in bankruptcy cases of a developer. The author examines the organizational and legal forms of construction subjects who are allowed to act as a developer, analyzes the actual and legal criteria for recognizing a person as a developer. To substantiate the problem of determining the legal status of a developer, the work provides the provisions of regulatory legal acts and judicial practice. As a result of the study, the author comes to the conclusion that when categorizing construction objects, it is necessary to proceed not only from the actual provisions of bankruptcy legislation, but also from other current legislation, the purpose of the relevant law is the need to protect construction participants as a non-professional group of investors. When determining a developer, it is necessary to proceed from an expanded interpretation of the norms of bankruptcy legislation.

Keywords:bankruptcy, insolvency, developer, construction participant, protection of rights.