Current Problems of Mortgage in Russian Civil Law

The institution of mortgage was revived in Russian legislation in the 90s of the last century. Russian civil law had to assimilate 70 years of experience of foreign countries in a disproportionately short time, which resulted in the adoption of unsystematized legal acts regulating mortgages. During this time, the legislator did not clearly resolve the issue of the legal nature of the mortgage, did not carry out work on systematizing regulatory legal acts, and during the existence of the legal institution, new problems accumulated related to the not-so-successful decisions of the legislator regarding the procedure for foreclosure on the subject of a mortgage, In addition, the issue of maintaining a balance of rights and legitimate interests of the mortgagor and the mortgagee has become relevant when the subject of the mortgage is the only home. In the course of the work, the author classifies a mortgage as a property right, and the basis for its conclusion, a mortgage agreement, as an obligation, the author comes to the conclusion that it is inappropriate to regulate mortgages by a separate law, suggests ways to improve the legal regulation of the foreclosure procedure, and also suggests an option for ensuring a balance of rights and interests in mortgage legal relations.