Civil Liability of a Shadow Director in Russian and Foreign Law

Relatively recently, a rule has appeared in Russian legislation providing for property liability for a person who has the actual ability to determine the actions of a legal entity. It should be noted that initially the question of the responsibility of the “shadow director” arose in Great Britain, and later became widespread in the countries of the Anglo-Saxon legal family. Despite the fact that in some countries the institution of liability of the controlling person has existed for a long time, the process of preventing such cases and subsequently proving it remains difficult. In this work, the author attempts to analyze the effectiveness of this institution both in Russian and foreign legislation. Based on the analysis of foreign legislation, various approaches have been identified regarding the prosecution of a shadow director. The author also analyzed Russian legislation and law enforcement practice, drawing conclusions about the effectiveness of this institution. The importance of this institution for the civil turnover of the Russian Federation is noted.