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Subsidiary Liability of the Persons Controlling the Debtor

ФИО студента: Daria Afanaseva

Руководитель: Elena Lukyanchikova

Кампус/факультет: School of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2021

This research work focuses on the institution of subsidiary liability of controllers of the debtor, which has undergone significant reform over the past few years. The need to study and comprehend the new provisions of the Federal Law «On Insolvency (Bankruptcy)», to resolve contradictions in law enforcement practice, considering changes in legislation, the annual increase in the number of applications filed to bring controlling persons to responsibility determine the relevance of this study. The aim of the study is to develop recommendations for eliminating problems and contradictions arising from the application and interpretation of the rules on subsidiary liability of persons controlling the debtor. The first chapter of the work will consider the history of the development of the doctrine of piercing the corporate veil in foreign and Russian legislation, and the development of the institution of subsidiary liability in modern Russia. In the second chapter of the work, the boundaries of the status of «the controlling person of the debtor» will be determined, the signs and presumptions of the controlling status will be analyzed, the concept of a nominee manager will be defined. In the third chapter, the nature of the institution of subsidiary liability of the controlling debtor will be determined, the institutions of subsidiary liability and losses are distinguished, the grounds for bringing to subsidiary liability are analyzed, and the problems of determining the amount of subsidiary liability are investigated. In the fourth chapter of the work, the peculiarities of bringing a controlling debtor to a subsidiary liability outside the framework of a bankruptcy case will be studied.

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