Grounds and conditions for bringing a controlling debtor to subsidiary liability in bankruptcy

The article analyzes the grounds for holding a controlling debtor liable for subsidiary liability in case of bankruptcy. Consideration has been given to the aggregate of the conditions necessary to hold controlling persons liable for subsidiary liability, and it has been discovered that in the past few years the courts of the Russian Federation have adopted significant decisions affecting the formation of court practice. In connection with this, a number of conclusions were reached, including that a court may recognize a person as controlling a debtor on various grounds, based on a set of different criteria. It has also been determined that there are currently trends aimed at withdrawing from the formal approach to determining the controlling debtor. The author’s position on the issue under review was developed.