Ways to Protect Creditors’ Rights When Presenting Property Claims to the Debtor’s Managers in the Bankruptcy Procedure

Abstract

The article defines the main mechanisms for attracting persons who lead (managed) a legal entity to civil and public liability. The concepts of a person influencing the actions of a legal entity (Article 53.1 of the Civil Code of the Russian Federation), a person controlling the debtor (Article 61.10 of the Bankruptcy Law) and a civil defendant in criminal proceedings (Article 54 of the Code of Criminal Procedure of the Russian Federation) are revealed. Due to the variety of mechanisms established by the legislator for the restoration of creditors’ property rights, the article analyzes the advantages and disadvantages of each separately. Using examples from judicial practice, the author proves that there is no dispositivity in choosing the method of replenishing the bankruptcy estate at will, and the opinion that the difference in methods is insignificant, that it is not the rule of law that you refer to that is important, but the fact of restoration of rights after harm by the debtor is incorrect. The author makes an assertion that the choice of the appropriate method is justified by the individuality of the dispute, the conditions of treatment, the person applying and the result desired by creditors, depending on the chosen method of protecting creditors’ rights. The legislator distinguishes between ways to protect the rights of creditors, where each case has its own goals, objectives and results. The paper raises the question of finding criteria for the correct and most profitable tool for restoring creditors’ property rights in a bankruptcy case, taking into account procedural and legal features. The article is aimed at developing the theory and judicial practice in bankruptcy cases and ensuring the stability of the already formed practice, maintaining a balance of interests, as well as resolving conflicts.