The legal nature of subsidiary liability in bankruptcy

in this article, the author examines the legal nature of subsidiary liability of KDL provided for by the Bankruptcy Law, analyzes the views of scientists on the source of origin of this type of liability, taking into account changing judicial practice, and draws conclusions based on the analysis. The purpose of this study was historical materials, regulatory legal acts, and the opinion of scientists, which made it possible to identify the main ideas of the institute of subsidiary liability, as well as statistical data, on the basis of which it was concluded that the institute of subsidiary liability at the current stage of development of bankruptcy legislation is dynamically developing and solving legal issues related to compensation for damage in in general, for bringing to bankruptcy. The findings of the study can be applied in practice for a more in-depth understanding of the behavior of the person controlling the debtor on the subject of illegality and guilt, which will allow participants in the proceedings to more fully disclose the presence or absence of grounds for bringing subsidiary liability to the KDL in each specific bankruptcy case.

independent responsibility of a legal entity, legal control, actual control, removal of the corporate veil, subsidiary responsibility of controlling persons in bankruptcy