Objectivity of the causes of bankruptcy as a basis for refusing in bringing to subsidiary liability

The article, based on the experience of the author and current judicial practice, considers the issues of determining and proving the objectivity of the causes of bankruptcy, and the possibility in this case of bringing persons controlling the debtor (PCD) to subsidiary liability in order to oblige them to pay creditors that part of the debts that could not be recovered at the expense of debtor’s property. An unambiguous conclusion was made, if it is proved that the causes of bankruptcy are objective, then it is impossible to hold PCD liable.