SOME CURRENT ISSUES OF BRINGING TO SUBSIDIARY LIABILITY PERSONS CONTROLLING THE DEBTOR OUTSIDE THE FRAMEWORK OF A BANKRUPTCY CASE

Kim Lidia Vyacheslavovna

The article discusses current issues of bringing to subsidiary liability persons who control the debtor outside the framework of a bankruptcy case. The author provides examples of judicial practice, according to which it clearly follows that law enforcers present even clearly defined norms of the law under the prism of their own perception, which is why the Supreme Court of the Russian Federation has to point out to lower courts that the violations committed are inadmissible. In view of the multiplicity of violations of the same type committed by the courts of both the first and subsequent instances, the Supreme Court of the Russian Federation, as an example, prepared and included in the Review of judicial practice of the Supreme Court of the Russian Federation clarifications in which case the officials controlling the debtor will not escape subsidiary liability outside the scope of the case bankruptcy. In this regard, the article reasonably points out the need to make changes and additions to the relevant Resolution of the Plenum of the Supreme Court of the Russian Federation.

Keywords:insolvency, bankruptcy, subsidiary liability, controlling persons, officials, problem, involvement outside the scope of the bankruptcy case.