Responsibility of Controlling Persons and the Constitutional Basis for the Protection of Property Rights: Search for a Balance of Interests

Abstract

The issue of the extraordinary nature of the responsibility of controlling persons in corporate relations has not been resolved at the legislative level. In the scientific literature, this issue is actively discussed, but at the legislative level, everything has remained unchanged. The purpose was to consider the provisions of the current legislation on the liability of controlling persons in corporate relations and their relationship with the constitutional foundations for the protection of rights. The paper analyzes the current legislation and judicial practice of applying the provisions on subsidiary liability of controlling persons in the field of corporate relations in cases of insolvency (bankruptcy). Attention is drawn to the fact that bringing the persons controlling the debtor to subsidiary liability is an exclusive mechanism for restoring the violated rights of creditors, which should be reflected in the current legislation. Methods: analysis, synthesis and comparative law. The obtained conclusions are of scientific novelty and practical significance, since they contribute to the improvement of the norms of civil legislation and the development of the science of civil law.