Secondary Liability of the Debtor Controller as a Way to Restore Violated Rights of Creditors in Bankruptcy

The institution of the secondary liability of the debtor controller is one of the most dynamically developing in Russian law. As a result of numerous reforms that began in 2009, Article 10 of the Federal Law "Of Insolvency (Bankruptcy)", which fragmentarily regulates this institution, was expanded to a full-fledged chapter III.2, in which the usual grounds for bringing to secondary liability were developed, new bases were established for prosecution, the relevant procedural aspects are settled in detail, etc. Such a global reform in such a short period of time led to the fact that this institution is in fact being used for other purposes. We identified the legal nature of the institution of the secondary liability of the debtor controller, as well as its actual purpose. The author has justified that the current regulation is contrary to the purpose of this institution. To remedy the situation, it was proposed to introduce a number of additional elements into the legal composition, which entails the subsidiary responsibility of the persons controlling the debtor. The failure of the currently established presumptions of bad faith, unreasonableness and guilt of the controlling debtors, their contradiction to the fundamental principles of the Civil Code of the Russian Federation, as well as the regulation of related legal institutions was also substantiated. Moreover, the author considered the problem of a large number of unjustified statements about bringing the controlling debtor to secondary liability and suggested ways to solve it.