Subsidiary Liability of Controlling Persons of Industrial Enterprises: Main Legal Conflicts

This work describes specific features of applying the institute of subsidiary liability of controlling persons of the enterprise. Creditors who have claims of non-fulfillment of obligations have been given the opportunity to pursue unlimited civil law actions against persons that are not directly related to them, which creates a certain imbalance and hinders the legitimate interests of other participants in the legal relations under consideration, in particular, the interests of managers. This research is aimed at studying the state and practice of applying the institute of subsidiary liability of controlling persons at enterprises and the doctrine of “removing the corporate veil” in Russia using methods of system and comparative analysis. The conducted research allowed us to establish a significant discrepancy between the Russian and international practices of applying the doctrine of “removing the corporate veil”, and the presence of a clear imbalance in favor of creditors. As a result, it is concluded that there is a need for detailed regulation in the relevant legislation of terms and procedures for applying subsidiary liability of controlling persons at enterprises. The methodology of the research comprises historical, comparative, formal-legal and functional methods, systemic approach.