PROTECTION OF THE INTERESTS OF A LEGAL ENTITY`S EXECUTIVE BODY AND FOUNDERS IN BANKRUPTCY PROCEEDINGS

The article examines the peculiarities of protecting the rights and legitimate interests of the executive body and founders in bankruptcy. The author considers bankruptcy as a special civil law institution, focusing on its regulation in Russia. The fundamentals of the legislative framework, bankruptcy procedures for legal entities and individuals, as well as the right to protection in the context of civil law are considered. The author emphasizes the importance of protecting the interests of creditors and explains in detail the conditions for bringing controlling persons to subsidiary liability in case of illegal actions. In addition, the main aspects of bankruptcy and legal protection in Russia are summarized, the key elements of the right to protection in civil law are touched upon. The author discusses the basic principles established by the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 2017 No. 53, their role in resolving issues of prosecution and release from it. The text emphasizes the importance of good faith and causality in the context of subsidiary liability, and discusses what factors can serve as grounds for refusing to bring to responsibility. The role of the court in ensuring equality and competitiveness in the process of countering subsidiary liability is also considered. The author emphasizes that the boundary of causal relationships should be established where the consequences arise due to innocent harm, and that such a legally significant causal relationship should be proved in combination with the guilt of the person. The argument is given that the presumption of a causal relationship may violate the rights of managers and founders of legal entities, and it is proposed that a person who wants to hold another accountable should prove the existence of such a connection. The analysis of these issues allows a deeper understanding of the complexities of legal regulation and the process of proving in the context of civil liability and bankruptcy.

bankruptcy, subsidiary liability, debtor’s founder, debtor-legal entity, causal relationship, financial receiver, amicable agreement, realization of property, controlling person, financial insolvency

Barkov K. B. Protection of the interests of a legal entity`s executive body and founders in bankruptcy proceedings. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;1(66):162—166. DOI: 10.25683/VOLBI.2024.66.859.