Responsibility of Beneficiary on the Basis of Risk as a De Facto Legal Foundation of Bankruptcy Subsidiary Liability

In this article, the author proceeds from the fact that a person who has benefited from the debtor falling into bankruptcy beyond the usual market indicators does not have the actual ability to refute the presumption of guilt and the presumption of the actual ability established by Federal Law No. 127-FL of 26/10/2002 “On Insolvency (Bankruptcy)” to determine the actions of the debtor. From this perspective, the author concludes that the bankruptcy subsidiary liability of such a beneficiary (provided for by bankruptcy legislation for the withdrawal of assets of the debtor) is based on the concept of risk, and does not depend on the factor of guilt. Such a person is obliged to repay the entire register of the claims from the debtor’s creditors by virtue of the very fact of obtaining the benefits and causing the harm to such creditors.