The legal status of a creditor whose claims are secured by a pledge of property in cases of bankruptcy of the debtor based (on the materials of the practice of the Supreme court of the Russian Federation)

The stability of the country's economy in general and civil property turnover in particular depends, among other things, on the economic viability of each of its participants. There are often situations in which the economic stability of participants in civil turnover decreases and they, as well as their counterparties, need appropriate protection. The Institute of bankruptcy is designed to ensure a balance of interests of civil turnover participants with financial difficulties and their counterparties – creditors. Such a balance can be achieved both by establishing mandatory norms and rules by the legislator that require strict compliance, and by providing participants with a certain freedom when they exercise their legal personality within the framework of the bankruptcy procedure. The article is devoted to problematic issues of law enforcement practice of the Supreme Court of the Russian Federation, dedicated to the institution of collateral as the most popular way to ensure the fulfillment of obligations. The authors study the changed vector of law enforcement practice of arbitration courts of the judicial system of Russia to the institution of collateral without changing the current legislative regulation of the legal relations under study. The authors analyzed and critically evaluated the new approach of the Supreme Court of the Russian Federation to the issues of the institution of collateral in bankruptcy cases.
The purpose of the study is to analyze the materials of the judicial practice of the Supreme Court of the Russian Federation with the identification of new approaches to collateral as a way to ensure the fulfillment of obligations and the possible consequences of the relevant conclusions of the supreme court for the entire institution of bankruptcy as a whole.
Methods. In preparing this study, the authors used general scientific and private scientific methods of cognition, including: analysis, comparative legal and formal dogmatic methods.

1. Avtonova E.D., Karapetov A.G., Matvienko S.V., Moroz A.I., Safonova M.V., Fetisova E.M. [Review of the legal positions of the Supreme Court of the Russian Federation on private law issues for October 2020]. Vestnik ekonomicheskogo pravosudiya Rossijskoj Federacii = Bulletin of Economic Justice of the Russian Federation. 2020;(12). (In Russ.)]

2. Bevzenko R.S. [Justification of the Priority granted to the Creditor by Real security: An Essay on Dogma, Theory and Policy of Law]. Vestnik grazhdanskogo prava = Bulletin of Civil Law. 2017;(4). (In Russ.)]

3. Bevzenko R.S. [Legal positions of the Supreme Arbitration Court of the Russian Federation in the field of pledge law: Commentary to the Resolution of the Plenum of the Su-preme Arbitration Court of the Russian Federation dated February 17, 2011 No. 10 «On some issues of application of the legislation on pledge»]. M., 2012. (In Russ.)]

4. Bevzenko R.S. [The concept and emergence of the right of pledge]. Zakon = Law. 2016;(3). (In Russ.)]

5. [The Civil Code of the Russian Federation. Article-byarticle commentary on sec-tion III "The general part of compulsory law"] / A.V. Barkov, A.V. Gabov, M.N. Ilyushina, etc.; edited by L.V. Sannikova. M., 2016 // SPS "Consultant Plus". (In Russ.)]

6. [Contractual and obligation law (general part) articleby-article commentary on Articles 307-453 of the Civil Code of the Russian Federation] / V.V. Baibak, R.S. Bevzenko, O.A. Belyaeva, etc.; ed. by A.G. Karapetov. M., 2017. (In Russ.)]

7. Egorov A.V. [Bankruptcy proceedings: commentary on key points]. Vestnik grazhdanskogo prava = Bulletin of Civil Law. 2019;(1). (In Russ.)]

8. Karapetov A.G., Matvienko S.V., Moroz A.I., Safonova M.V., Fetisova E.M. [Review of the legal positions of the Supreme Court of the Russian Federation on private law issues for April 2019]. Vestnik ekonomicheskogo pravosudiya Rossijskoj Federacii = Bulletin of Economic Justice of the Russian Federation. 2019;(6). (In Russ.)]

9. Negodyaev V.V. [Topical issues of the practice of applying the registration of notices of pledge of movable property in the notary register]. Notarial'nyj vestnik = Notary Bulletin. 2021;(7). (In Russ.)]

10. Osmanova D.O. [Abuse in insolvency (bankruptcy)]: monograph / edited by O.A. Belyaeva. M., 2020. (In Russ.)]

11. Suvorov E.D. [Potential conflicts between collateral and other creditors in case of debtor bankruptcy: an attempt to establish a balance]. Vestnik VAS RF = Bulletin of the Supreme Arbitration Court. 2013;(10). (In Russ.)]

12. Armour J. The Law and Economics Debate About Secured Lending: Lessons for European Lawmaking? Centre for Business Research. University of Cambridge Working Paper. 2008;(362).

13. Jackson T.H., Kronman A.T. Secured Financing and Priorities Among Creditors. Yale Law Journal. 1979;88.

14. Scott R.E. A Relational Theory of Secured Financing. Columbia Law Review. 1986;86(5).

15. McBryde W.W., Flessner A., Kortmann S.C.J.J. Principles of European Insolvency Law. Series Law of Business and Finance. 2003;4.

16. Westbrook J.L. The Control of Wealth in Bankruptcy. Texas Law Re-view. 2004;2(4).