Current issues of subsidiary liability (in insolvency (bankruptcy) cases) subjects of civil law relations who benefit from the illegal or unscrupulous behavior of persons specified in paragraph 1 of Article 53.1 of the Civil Code of the Russian Federation

in this article, the author examines the problem of distinguishing beneficiaries who unlawfully assisted in the withdrawal of assets of an insolvent debtor from those who lawfully benefited from such benefits. The difficulties of proof, the excessively concise regulation of this issue in the legislation and the abstract explanations of the Supreme Court of the Russian Federation create a situation for bona fide participants in the turnover of the impossibility of fulfilling the burden of proof and legal uncertainty. The low percentage of enforceability of judicial judgments on debt collection and the need to respect the rights of law-abiding subjects of civil law relations require finding a fair balance between the interests of creditors of an insolvent debtor and those persons who "benefit" from transactions with him.

subsidiary liability in bankruptcy, the person controlling the debtor, extracting benefits, illegality, criminal liability, non-enforcement of judicial acts, problems of proof, balance of interests