No 1 (21): 17.

Jurisprudence

 2021

Scientific article

UDK 343.535
pdf-version

Alexei Gvozdev
St. Petersburg State University of Economics
(St. Petersburg, Russian Federation),
b1o1ok15000@gmail.com

Subsidiary liability of the heirs of the persons controlling the debtor

Reviewer:
Anna Pavlovna Ukhanova
Paper submitted on: 02/08/2021;
Accepted on: 02/23/2021;
 Abstract. The article examines the legal nature of subsidiary liability of persons controlling the debtor in bankruptcy, as well as the issue of the extension of subsidiary liability for the debts of a bankrupt organization to the heirs of the persons controlling the debtor and the problems associated with the effect of evidentiary presumptions in such cases. This issue is considered in the light of the Ruling of the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation No. 303-ES19-15056 of December 16, 2019 in case No. A04-7886/2016.
Keywords: nsolvency (bankruptcy), legal liability, tort liability, subsidiary liability, heirs of the persons controlling the debtor.

For citation: Gvozdev, A. Subsidiary liability of the heirs of the persons controlling the debtor. StudArctic forum. 2021, 1 (21): 17.

References

1. The Civil Code of the Russian Federation (Part one) of 30.11.1994

№51-FZ // SPS "Konsultantplyus".

2. Federal law dated 26.10.2002 N 127-FZ "On insolvency (bankruptcy)" // SPS "Konsultantplyus".

3. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 21.12.2017 N 53 "On some issues related to attracting controlling the debtor individuals to justice in bankruptcy".

4. Resolution of the Plenum of the Supreme Court of the Russian Federation of may 29, 2012 N 9 Moscow "On judicial practice in cases of inheritance".

5. Determination of the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation No. 303-ES19-15056 dated December 16, 2019 in case No. A04-7886/2016.

6. Gutnikov O.V. Responsibility of the debtor's head and other persons in the bankruptcy case: general novelties and shortcomings of legal regulation // Business law. 2018. N 1. pp. 48-60.

7. Miftakhutdinov R.T. Evolution of the institute of subsidiary liability in bankruptcy: causes and consequences of legal reform // Law. 2018. No. 5. pp. 187-191.

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