The conceptual position of subsidiary liability of controlling persons in the mechanism of protection of creditors' rights

The purpose of the article is the conceptual problems of subsidiary liability of controlling persons, which has turned from a mechanism for restoring violated creditors' rights in exceptional cases into one of the most common means of protection in the event of bankruptcy of a legal entity. Analysis, induction, and the formal legal method were used. As a result, the need for comprehensive improvement of the legal regulation of civil turnover, involving the use of the design of subsidiary liability of controlling persons in a limited number of cases, is revealed. The authors come to the conclusion that the reasons for such a wide spread of the considered institution are insufficient requirements for the capitalization of a legal entity, inefficient procedures for pre-trial and judicial settlement of disputes, as well as practical problems of the functioning of the enforcement of judicial acts and bankruptcy procedures. The significance of the article lies in the fact that the authors, based on the analysis of independent institutions for the protection of creditors' rights, demonstrated the need to develop a conceptual approach to solving problems arising in the framework of civil turnover.