The structure of subsidiary liability in bankruptcy under the legislation of the Russian Federation
In this article, the author examines and analyzes the grounds for bringing to subsidiary liability, the strengths and weaknesses of its legal regulation, makes proposals for the best functioning of this type of civil liability, proposes doctrinal elaborations of the categories contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 No. 53. The author considers it necessary to legislate the grounds on which the person controlling the debtor may be involved for untimely filing of the debtor's bankruptcy petition, as well as what actions can be recognized by the courts as ordinary economic activity. The law on insolvency (bankruptcy) in cases of bringing to subsidiary liability established a limitation period. However, the jurisprudence took a different path, giving the terms a broad interpretation. It seems to the author that the limitation period, enshrined in the Insolvency (Bankruptcy) Law, meets the principles of rationality and fairness. An analysis of judicial practice has shown that the courts rarely use criteria to reduce the amount of liability, and therefore it seems relevant to the author to consider the possibility of reducing the amount of liability only if the controlling person clearly has property sufficient to pay the corresponding amounts.