The Mechanism for Regulating Priority in Executing of Monetary Obligations of an Insolvent Debtor

The subject of this study is the procedure for regulatory and arbitration judicial regulation of the priority of monetary obligations of an insolvent debtor for the purpose of distributing the bankruptcy estate formed by the bankruptcy trustee, as well as the result of such regulation in the most general form. The article focuses on the implementation of a mechanism for differentiating creditors’ claims in their common queue, and analyzes the application of rules mediating the determination of the priority of such claims. At the same time, the possibility of dividing such rules into special, complex and special ones is proposed. The relevance of understanding such rules is substantiated through the prism of the absence in the Bankruptcy Law of a number of norms necessary for consistent and holistic legal regulation of attributing certain types of creditors’ claims to specific satisfaction queues. The problem of applicability in the arbitration process of such concepts as: “the requirement for the implementation of the initial provision”, “liquidation quota”, “compensatory financing”, “corporate requirements”, or “moratorium interest” is shown. The need for legislative specification of the above terms is emphasized. The article considers the trends in the practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, in accordance with which certain types of claims are either singled out with the establishment of a special queue for them, or the assignment of a claim provided for by the Bankruptcy Law to a separate or existing queue. It is concluded that the judicial control bodies in relation to the consideration of insolvency cases have formed doctrines that are extremely necessary in the activities of arbitration courts, which are of positive importance for resolving a significant number of isolated disputes. However, an acute problem is the streamlining, addition and specification of the norms of the Bankruptcy Law governing the law enforcement practice of arbitration courts.