On some issues of applying the subordination mechanism to the requirements of the debtor’s controlling persons in the bankruptcy procedure .

Gergolenko Mikhail Alekseevich

The article examines the topical issues of applying the subordination mechanism to the requirements of the debtor's controlling persons in the bankruptcy procedure. At the moment, the problem under study is the most relevant, the legislator and law enforcement officers are in search of the optimal model of competitive subordination. The author came to the conclusion that the mechanism of subordination additionally reveals the legal position of the controlling debtor of the person through the prism of his rights and obligations towards the debtor in the interaction of each element of the system of competitive relations, while by its legal nature, competitive subordination is not a measure of responsibility for the unfair behavior of the controlling debtor of the person, since it is not applied by the court for the purpose of compensation creditor's property losses — competitive subordination is applied by the court in order to establish the legal nature of the claim of the controlling person, based on the principle of impossibility in the conditions of the competitive procedure of the same priority of corporate claims and claims of independent external creditors.

Keywords:controlling debtor, subordination of claims, property crisis, affiliated persons, compensatory financing.