Specificity of Corporate Liability of the Persons Controlling the Business Entity

Despite the introduction of a special rule, paragraph 3 of Art. 53 of the Civil Code of the Russian Federation, there is no tendency of bringing to responsibility controlling persons in the case of normal course of business. The study of bringing corporate responsibility is necessary, first of all, for the most effective protection of the interests of the company and participants in such corporate legal relations. The solution to this problem consists of analyzing the independence of corporate liability, analyzing the legal effectiveness of the concept of controlling persons, examining the rights and obligations of controlling persons, as well as the conditions of liability and, as a result, identifying problems in law-enforcement activity. The result of the study is a proposal to introduce a new concept of a controlling person and duties of a passive type, identified examples of unscrupulous and unreasonable actions of such persons.