Grounds for bringing persons controlling the debtor to subsidiary liability

The article deals with the problems of legal regulation of the grounds for bringing to subsidiary liability persons controlling the debtor in the framework of bankruptcy proceedings. The author studies the grounds provided by the legislation for the imposition of subsidiary liability, including from the point of view of the teleological approach. Understanding the meaning of establishing a particular regulatory regulation of the institution under study allowed us to conclude that the rules on subsidiary liability can be formally applied in the absence of actual prerequisites for bankruptcy. It is emphasized that abuse of the right to make claims for bringing to subsidiary responsibility is unacceptable. In all cases of abuse by creditors, the courts must make decisions adequate to the specific circumstances of the case.