Identity of a claim for subsidiary liability in a bankruptcy case and a civil claim for damages in a criminal case

Alfimova Aleksandra Sergeevna

Taking into account the low percentage of satisfaction of creditors' claims in bankruptcy cases - they receive nothing in 60% of cases - there is a tendency to use as many methods as possible to protect the interests of creditors, including by bringing persons controlling the debtor to various types of liability. The number of applications filed for bringing to subsidiary liability is growing every year, and in 2020 amounted to more than 6.6 thousand, of which about 40% were satisfied and about 3.2 thousand controlling persons were prosecuted to subsidiary liability. In such conditions, an actual issue is the correspondence of different types of liability for the same violations and the prevention of double prosecution. The purpose of this study is to resolve the issue of the identity of a claim for bringing to subsidiary liability in a bankruptcy case and a civil claim for damage caused by a crime in a criminal case. There are both general scientific methods, such as logical, systemic, structural-functional, statistical, and special methods of legal science, such as formal dogmatic, comparative legal, technical and legal to achieve the above purpose. As a result, the nature of subsidiary liability and liability in the form of compensation for harm caused by a crime was determined, the elements of the above claims were identified and compared.

Keywords:identity of claims; bankruptcy; subsidiary liability; civil claim in a criminal case.