SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES
The relevance of the article is due to the need to develop an approach acceptable to all participants in civil turnover to the functioning of the institute of subsidiary responsibility of controlling persons. Achieving the maximum amount of satisfaction of creditors’ rights is impossible without imp...
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2024-01-01
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| Series: | Legal Bulletin |
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| Online Access: | https://en.legalbulletin.ru/data/documents/LB2023no4_12.pdf |
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| author | PETUHOV S.V. |
| author_facet | PETUHOV S.V. |
| author_sort | PETUHOV S.V. |
| collection | DOAJ |
| description | The relevance of the article is due to the need to develop an approach acceptable to all participants in civil turnover to the functioning of the institute of subsidiary responsibility of controlling persons. Achieving the maximum amount of satisfaction of creditors’ rights is impossible without improving the efficiency of bankruptcy procedures, the availability of tools to protect the interests of the controlling person. The purpose of the study is to determine the scope of the rights of the controlling person from the point of view of the proper implementation of economic activity by the debtor. The main problem is the inconsistency of the legislator and the law enforcement officer in achieving a balance between creditors and controlling persons, which manifests itself in the inferiority of the mechanisms for accounting for the debtor’s economic activity, the influence of which is objectively difficult for the controlling person in some cases. Solving the problem solely in the plane of the burden of proof is not enough to comply with the general rules of bringing to civil liability. Research methods. Analysis, deduction, formal legal and comparative legal methods, as well as the system method.
Conclusions. Point-by-point changes in the legislation of the Russian Federation are proposed in order to increase the efficiency of the debtor’s economic activity, taking into account the protection of the rights and legitimate interests of controlling persons. The article substantiates the relationship between the activities of the arbitration manager and the amount of subsidiary liability of the controlling person. |
| format | Article |
| id | doaj-art-a6255553fa5a42b28a5492d291dcef00 |
| institution | DOAJ |
| issn | 2658-5448 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | LLC «MIAS Expert» |
| record_format | Article |
| series | Legal Bulletin |
| spelling | doaj-art-a6255553fa5a42b28a5492d291dcef002025-08-20T03:03:45ZengLLC «MIAS Expert»Legal Bulletin2658-54482024-01-0184134148https://doi.org/10.5281/zenodo.11190426SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIESPETUHOV S.V.0Financial University under the Government of the Russian FederationThe relevance of the article is due to the need to develop an approach acceptable to all participants in civil turnover to the functioning of the institute of subsidiary responsibility of controlling persons. Achieving the maximum amount of satisfaction of creditors’ rights is impossible without improving the efficiency of bankruptcy procedures, the availability of tools to protect the interests of the controlling person. The purpose of the study is to determine the scope of the rights of the controlling person from the point of view of the proper implementation of economic activity by the debtor. The main problem is the inconsistency of the legislator and the law enforcement officer in achieving a balance between creditors and controlling persons, which manifests itself in the inferiority of the mechanisms for accounting for the debtor’s economic activity, the influence of which is objectively difficult for the controlling person in some cases. Solving the problem solely in the plane of the burden of proof is not enough to comply with the general rules of bringing to civil liability. Research methods. Analysis, deduction, formal legal and comparative legal methods, as well as the system method. Conclusions. Point-by-point changes in the legislation of the Russian Federation are proposed in order to increase the efficiency of the debtor’s economic activity, taking into account the protection of the rights and legitimate interests of controlling persons. The article substantiates the relationship between the activities of the arbitration manager and the amount of subsidiary liability of the controlling person.https://en.legalbulletin.ru/data/documents/LB2023no4_12.pdfsubsidiary liability of controlling personseconomic activityintegritybankruptcycreditorsbalance of interestslosses |
| spellingShingle | PETUHOV S.V. SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES Legal Bulletin subsidiary liability of controlling persons economic activity integrity bankruptcy creditors balance of interests losses |
| title | SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES |
| title_full | SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES |
| title_fullStr | SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES |
| title_full_unstemmed | SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES |
| title_short | SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR’S BUSINESS ACTIVITIES |
| title_sort | subsidiary liability of controlling persons in the context of the debtor s business activities |
| topic | subsidiary liability of controlling persons economic activity integrity bankruptcy creditors balance of interests losses |
| url | https://en.legalbulletin.ru/data/documents/LB2023no4_12.pdf |
| work_keys_str_mv | AT petuhovsv subsidiaryliabilityofcontrollingpersonsinthecontextofthedebtorsbusinessactivities |