Features of the temporal application of the norms on subsidiary liability in bankruptcy

The authors consider the features of the temporal application of the rules on the liability of persons controlling the debtor in bankruptcy. The approaches to the application of the relevant norms in time that have developed in judicial practice are singled out. They analyze the application of such legal institutions as the limitation period and presumptive methods. They substantiate the inadmissibility of the retroactive application of substantive legal norms on subsidiary liability, since such an approach does not take into account the fundamental principles of a constitutional nature. They come to the conclusion that it is necessary to retroactively apply only procedural and legal rules, and not the substantive rules in the wording of the law that was in force at the time of the actions imputed to the person controlling the debtor.