Risky business model as a basis for attracting persons controlling a credit institution to recover losses
( Pp. 248-252)

More about authors
Alekseeva Diana G. doktor yuridicheskih nauk, professor, professor Departamenta pravovogo regulirovaniya ekonomicheskoy deyatelnosti, professor kafedry bankovskogo prava
Financial University under the Government of the Russian Federation; Kutafin Moscow State Law University
Abstract:
Goals of writing the article. A logical consequence of the Bank of Russia's tightening policy in relation to credit organizations was the mass revocation of their licenses to perform banking operations and the recognition of such banks as insolvent (bankrupt). Often, the revocation of a license is associated with a violation of a number of mandatory economic standards for credit institutions, which are also the responsibility of the Bank's managers, including members of the Bank's collegial management bodies. Persons controlling a credit institution are often held vicariously liable for the credit institution's debt to creditors. In addition to the actual subsidiary liability, article 189.23 of the Federal law «on insolvency (bankruptcy)» provides for the possibility of attracting controlling persons to compensation for losses. However, due to the fact that the legal nature and grounds for such liability are not clearly defined, there are difficulties in law enforcement, leading to legal proceedings. One of the reasons for attracting compensation for losses from controlling persons is often called the implementation of a risky business model of a credit organization. Conclusions of the article. Based on the analysis of the legal nature of the risky business model, the author comes to the conclusion that it can not be the basis for bringing the person controlling the credit institution to responsibility in the form of compensation for losses.
How to Cite:
Alekseeva D.G., (2020), RISKY BUSINESS MODEL AS A BASIS FOR ATTRACTING PERSONS CONTROLLING A CREDIT INSTITUTION TO RECOVER LOSSES. Economic Problems and Legal Practice, 2 => 248-252.
Reference list:
Andreev YU.N. Otvetstvennost gosudarstva za prichinenie vreda: tsivilisticheskie aspekty. SPb., 2013. S. 60.
Egorov YA. Proekt po perekhodu na MSFO (IFRS) 9 v banke: raskhody ili novye vozmozhnosti // MSFO i MSA v kreditnoy organizatsii. 2018. N 3. S. 4 - 16.
Nayt F.KH. Risk, neopredelennost i pribyl . M. 2003.
Pashentsev D.A., Garamita V.V. Vina v grazhdanskom prave: monografiya. M.: YURKOMPANI, 2010. 143 s.
TSepov G.V. Mozhno li sudit za alchnost Otvetstvennost kontroliruyushchikh lits kommercheskoy korporatsii za prinyatie chrezmernogo predprinimatel skogo riska pri ugroze nesostoyatel nosti // Zakon. 2016. № 8.
YUridicheskaya otvetstvennost organov i dolzhnostnykh lits publichnoy vlasti: monografiya / I.A. Alekseev, R.E. Arutyunyan, L.G. Berlyavskiy i dr.; pod red. I.A. Alekseeva, M.I. TSapko. Moskva: Prospekt, 2017. 128 s.
Keywords:
business model, controlling person, bankruptcy, liability, reasoned judgment.


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