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Responsibility of Controlling Persons in the Bankruptcy of a Legal Entity

Student: Ulanov Dmitriy

Supervisor: Larisa A. Lushina

Faculty: Faculty of Law

Educational Programme: Legal Support and Business Protection (Master)

Year of Graduation: 2019

This master's thesis is devoted to the study of legal relations connected with bringing the persons controlling the debtor to civil liability in case of insolvency of a legal entity. The institution of the responsibility of controlling persons in bankruptcy is dynamically developing, which is connected with the desire of the legislator to properly protect bona fide creditors from unfair actions of persons controlling the debtor. At the same time, neither the legislator, nor the established judicial practice has determined the exhaustive list of categories of persons that it would be possible to attribute to the controlling debtor. In this regard, this work resolves questions about who exactly is the controlling debtor, what grounds exist for bringing such a person to civil liability, and what are the legitimate ways to protect the rights and interests of controlling persons in bankruptcy cases. The resolution of these issues will allow to optimize and speed up the legal process of proving the circumstances that formed the basis for bringing the controlling persons to civil liability.

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