Extension of the Powers of Persons Brought to Subsidiary Liability in the Framework of an Insolvency (Bankruptcy) Case
( Pp. 62-66)

The purpose of the study. In this article, the author explores the issue related to the powers of persons brought to subsidiary liability in the framework of an insolvency (bankruptcy) case. The basic rights of persons controlling the debtor in the bankruptcy case are considered. The judicial practice on this issue is analyzed. The author of the study concludes that at the legislative level, the rights of this category of persons are limited. In addition, the current judicial practice, which affects the rights and legitimate interests of persons controlling the debtor, is also ambiguous. The question of the permissibility of expanding the scope of powers of persons controlling the debtor has also been reflected in the practice of the Constitutional Court of the Russian Federation. It can be said that the legislator seeks to provide persons subject to subsidiary liability with a similar amount of rights as those involved in bankruptcy proceedings. However, in practice, gaps still occur: for example, the courts today have not formed a unified position regarding the scope of the rights of persons controlling the debtor in the framework of separate disputes in the case of insolvency (bankruptcy) of the debtor. This article is devoted to the declared topic, the author analyzes the gaps in law enforcement practice, and suggests ways to fill them.

Sharudilov A. S. Extension of the Powers of Persons Brought to Subsidiary Liability in the Framework of an Insolvency (Bankruptcy) Case // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 1. P. 62-66. (in Russ.)

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: bankruptcy, subsidiary liability, person controlling the debtor, person’s rights, restriction of rights..