On filing a claim under Article 1064 of the Civil Code of the Russian Federation, taking into account subsidiary liability within the framework of a bankruptcy case: a possible correlation
The authors of the article address the topical issue of the damage compensated to a debtor's creditor caused by the actions (omissions) of a debtor's "beneficiary" outside the framework of a bankruptcy case in the Russian Federation, if it is possible to file an application for bringing a debtor's controlling person to subsidiary liability within the framework of a bankruptcy case. Taking into account the current legislation of the Russian Federation and the results of the analysis of law enforcement practice in the country with due regard to the features of bankruptcy cases, the authors come to the conclusion that the current Russian legislation on bankruptcy, together with the practice of its application by the courts of the Russian Federation, does not contain procedural obstacles to considering a claim under Article 1064 of the Civil Code of the Russian Federation, despite the initiation of a debtor's bankruptcy case, which means that in case of the unfair behavior of a debtor's "beneficiary", creditors will be able to directly apply to the court with a claim against the guilty person and receive compensation for their losses, without waiting for the results of a long and expensive insolvency (bankruptcy) procedure of a debtor.