TRANSFORMATION OF CIVIL LAW CONTRACT REGULATION OF ENTREPRENEURIAL RELATIONS UNDER THE INFLUENCE OF BANKRUPTCY RISKS

Abstract

The relevance of the research is determined by a significant increase in the number of bankruptcy cases and the formation of new approaches by the Supreme Court of the Russian Federation in 2025–2026, which fundamentally alter the legal environment for participants in entrepreneurial relations. Furthermore, the higher judicial authority has recently established the institute of subordination of claims by affiliated creditors, which holds critical significance for civil law contractual regulation. Purpose: to study the current state of civil law contractual regulation in the context of an increasing number of bankruptcy risks and the circumstances influencing its transformation. Methods: utilizing systematic and formal-logical methods, an examination of judicial practice materials is conducted, based on which relevant conclusions are drawn and practical recommendations are formulated using the method of generalization. The nature of civil law contracts and civil law contractual regulation is analyzed using the dogmatic method, revealing its characteristics. Additionally, employing the legal forecasting method, trends and prospects for the further development of judicial practice in the field of civil law contractual regulation of entrepreneurial relations are identified. Results: based on the conducted research on the limits of contractual freedom within entrepreneurial legal relations amid the risk of potential bankruptcy of the counterparty, this article formulates practical recommendations aimed at minimizing the risks of contesting contracts at each stage of the contractual process.