THEORETICAL AND LEGAL PROBLEMS OF SUBSIDIARY LIABILITY OF THE HEAD OF DEBTORS AND OTHER PERSONS IN A BANKRUPTCY CASE

Semchagova Maria Alekseevna

The article is devoted to the theoretical and legal problems of the institution of subsidiary liability of the head of the debtor and other persons in a bankruptcy case, the specifics of this institution functioning within the framework of civil liability in the institution of bankruptcy, the features of legal regulation are considered, taking into account the materials of judicial practice of higher judicial instances and arbitration courts. The relevance of the research topic is due to the lack of a theoretically justified uniform concept of subsidiary liability of the head of the debtor and other persons and its structural elements, which in practice makes it difficult to use it due to the ambiguous understanding of this type of liability by the parties to the trial and insufficient legal preparation for the trial of the participants in the process.

Keywords:head of the debtor, bankruptcy, subsidiary liability, controlling persons, legal entities, obligations, other persons, features of proof.