The Civil Liability of Controlling Persons in a Company

The civil liability of controlling persons is in many respects the achievement of the last years civil legislation reforms, and is associated with the introduction of new bases of responsibility, that were absent in the legislation and therefore insufficiently studied in science. A holistic scientific understanding of the controlling persons’ civil liability in corporate relations is currently absent. In order to form scientific understanding, the most significant components of controlling persons’ civil liability were analyzed. As a result of the study the legal nature of the controlling persons’ responsibility is substantiated in relation to all the grounds for such liability, enshrined in law, whether to creditors or to the corporation itself. Based on the analysis of legislation, doctrine and judicial practice, the signs of controlling persons are revealed. The concept of a controlling person is proposed. The foundations of the responsibility of controlling persons are revealed, each of which is analyzed from the point of view of the composition of a civil offense, with emphasis on their inherent features. The study systematizes the accumulated knowledge of the civil liability of controlling persons, and also expands the already existing ideas about the object under study, in particular, offers the author's view of the legal nature of the responsibility of controlling persons.