Secondary Liability of the Person Exercising Functions of the Chief Executive Body for Bringing Company to Bankruptcy

In the master’s dissertation there is an analysis of the last amendments to the Russian bankruptcy law in a part of secondary liability of the debtor’s head for the impossibility of full satisfaction of the claims of creditors that were made in summer of 2017. The analysis has reviled a tendency of strengthening the protection of creditors by increasing their legal remedies and tightening the responsibility of the debtor’s head. This situation inevitably leads to an increase in risk of bringing debtor’s head to justice not for his unlawful actions (inaction) but only in connection with the fact of insufficiency of property for meeting the claims of creditors. In this research paper the main problems connected with general issues, some liability conditions and presumptions that arise in a process of bringing debtor’s head to secondary responsibility for the impossibility of full satisfaction of the claims of creditors were established with some suggestions for their solution. As a result of the study there is a model of bringing the person exercising functions of the chief executive body to the secondary liability for bringing company to bankruptcy that is based on the principle of the legal opportunities’ balance between debtor’s head and creditors according to Russian legislation.