Annotation

This article examines the evolution of the legal positions of the Constitutional Court of the Russian Federation and the case law of the courts of general jurisdiction and arbitration courts regarding the application of the constitutional principle of economic solidarity (Article 75.1 of the Constitution of the Russian Federation). Based on the doctrine of ‘legal capitalisation’ developed by G.A. Gadzhiev, the author reveals the mechanism through which the principle of solidarity contributes to reducing transaction costs, eliminating legal uncertainty and ensuring a fair balance of the property interests of participants in civil transactions. The author analyses key rulings of the Constitutional Court of the Russian Federation, as well as the practice of courts of general jurisdiction and arbitration courts, demonstrating the application of the principle of economic solidarity to resolve conflicts between secured creditors and tax authorities, owners of parking spaces, co-owners in multi-unit residential buildings, as well as for the protection of debtors’ rights in enforcement proceedings and the rights of cargo owners during transport. It is concluded that economic solidarity serves as a vital instrument of ‘legal capitalisation’, ensuring the predictability and stability of legal regulation and forming the basis for a socially oriented market economy.