The evolution of the institution of subsidiary liability in Russian bankruptcy law: from concept to application practice

the article examines the process of evolution of the institution of subsidiary liability in Russian bankruptcy law. The main attention is paid to the transition from the general civil law structure enshrined in Article 56 of the Civil Code of the Russian Federation to the normatively detailed system formed as a result of the legal reform of 2017. The purpose of the study is to identify the key stages in the formation of the legal regulation of subsidiary liability, to analyze legislative and doctrinal approaches to determining the circle of controlling persons, as well as to assess the specifics of the practical application of the updated standards. Within the framework of the task, the provisions of chapter III.2 of Federal Law No. 127-FZ dated October 26, 2002 "On Insolvency (Bankruptcy)" and their interpretation in judicial practice are analyzed. Special attention is paid to the conditions of prosecution, the role of presumptions, the distribution of the procedural burden of proof, as well as the limits of the legal permissibility of an extended interpretation of the institution. The procedural aspects of submitting applications and meeting deadlines are considered separately. The results of the study can be used in the law enforcement activities of arbitration managers, courts, as well as in rulemaking aimed at further optimizing the mechanism of responsibility of persons controlling the debtor in bankruptcy proceedings. The findings are of interest both for scientific doctrine and for the practice of corporate governance and anti-crisis regulation.

subsidiary liability, insolvency, bankruptcy law, persons controlling the debtor