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Dishonesty of Controlling Persons Actions at Their Attraction to Subsidiary Responsibility at Bankruptcy

Student: Bazhanova Olga

Supervisor: Anton Selivanovskiy

Faculty: Faculty of Law

Educational Programme: Corporate Lawyer (Master)

Year of Graduation: 2018

The present work is devoted to the problem of qualification of controlling persons actions as dishonest on their attraction to subsidiary responsibility at bankrupcy. In the work is examined subsidiary responsibility in the case of the commission or approval by controlling person of transactions that caused damage to the property rights of creditors, as well as in the case of absence of accounting and reporting documents, the absence or distortion of mandatory information in them. The purpose of the work is revealing dishonesty signs of controlling persons actions and forming proof standatd of their dishonesty. As a result of the research, the author revealed a list of dishonesty signs, and also came to the following conclusion. While attracting to subsidiary responsibility for commission or approval by the controlling person of transactions that caused damage to the property rights of creditors it would be advisable to assess the actions of the controlling person for the presence of signs of dishonesty and when proving this fact, apply a lower standard of proof similar to the standard of proof "balance of probabilities" used in Anglo-Saxon law.

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