SUBSIDIARY LIABILITY OF CONTROLLING PERSONS THROUGH THE PRISM OF THE MOMENT OF OBJECTIVE BANKRUPTCY

The article discusses the specifics of the application of the institute of subsidiary liability of controlling persons from the point of view of determining the moment of objective bankruptcy. The authors reveal the periods of existence of a legal entity in the prism of the actions of its governing bodies. Particular attention is paid to the procedure for determining the moment of objective bankruptcy, the stages of identifying this aspect. The importance of establishing the moment of objective bankruptcy is due to the direct relationship with the onset of subsidiary liability of controlling persons. The conceptual shortcomings of the current legal regulation are determined by the example of real estate objects. The absence of normative consolidation of the moment of objective bankruptcy, its unambiguous role in the mechanism of bringing controlling persons to subsidiary responsibility, are the cornerstones of the functioning of civil liability in the situation of bankruptcy of a legal entity. The authors draw attention to the positions existing in the doctrine on the issues of determining the moment of objective bankruptcy, noting the insufficient number of studies devoted to individual objects of civil turnover. The analysis of the judicial practice of bankruptcy of developers presented in the article suggests the need to develop a scientific approach to the mechanism for determining the role of certain assets of a legal entity. The authors believe that the determination of the moment of objective bankruptcy is connected with both economic and legal components, which implies a special role of the court in the process of establishing this circumstance. In this regard, a comprehensive approach is required to assess the order of occurrence, use of objects of civil turnover from the point of view of the validity of the limitation of the principle of property isolation of a legal entity. The solution of this problem is impossible exclusively by legal means, an interdisciplinary approach is needed.

subsidiary liability, controlling person, objective bankruptcy, valuation, bankruptcy, creditors, assets, methodology, real estate, developers, plan, property

Petukhov S. V., Racheeva Yu. V. Subsidiary liability of controlling persons through the prism of the moment of objective bankruptcy. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):258—262. DOI: 10.25683/VOLBI.2023.64.711.