RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE DIRECTOR'S COMPLAINT ABOUT THE CANCELLATION OF THE SUBSIDY DUE TO ILLNESS WILL BE CONSIDERED IN THE ARMED FORCES OF THE RUSSIAN FEDERATION
The Supreme Court of the Russian Federation will have to consider a question that may affect the practice of applying subsidiary liability: can a serious illness of a manager be a good reason to release him from financial obligations to creditors? The reason for the analysis was the complaint of Sergey Tavitov, the former CEO of Architectpodryad, challenging the decisions of the arbitration courts.
The bankruptcy case (no. A40-144100/2021) was considered by three levels of courts, and all of them supported the bankruptcy trustee's position. Tavitov was recognized as a person subject to subsidiary liability, since during the leadership period, from September 2016 to October 2021, he participated in transactions totaling 22.8 million rubles. These operations, according to the courts, contributed to the deterioration of the company's financial situation and further led to its insolvency.
The former head claims that he has not actually managed the organization since November 2018. According to him, during this period he was diagnosed with cancer, after which he underwent treatment and rehabilitation, was on sick leave and on vacation, and also went abroad for surgery.
From the moment the illness was detected until his dismissal on February 25, 2019, according to Tavitov, he did not act as CEO. He believes that the arbitration courts did not take into account the medical documents provided to them and did not examine them properly. It was this argument that formed the basis of his appeal to the Supreme Court. The applicant seeks the repeal of the acts of the lower courts and exemption from subsidiary liability, citing the inability to perform managerial functions due to a serious illness.
Supreme Court Judge Ivan Razumov found the applicant's arguments worthy of additional analysis and referred the complaint to the Economic Board of the Supreme Court. The hearing on the case is scheduled for October 30. The decision of the highest court can become a guideline for similar disputes when the illness of the head affects his participation in the management of the company.
Photo: Freepik
The bankruptcy case (no. A40-144100/2021) was considered by three levels of courts, and all of them supported the bankruptcy trustee's position. Tavitov was recognized as a person subject to subsidiary liability, since during the leadership period, from September 2016 to October 2021, he participated in transactions totaling 22.8 million rubles. These operations, according to the courts, contributed to the deterioration of the company's financial situation and further led to its insolvency.
The former head claims that he has not actually managed the organization since November 2018. According to him, during this period he was diagnosed with cancer, after which he underwent treatment and rehabilitation, was on sick leave and on vacation, and also went abroad for surgery.
From the moment the illness was detected until his dismissal on February 25, 2019, according to Tavitov, he did not act as CEO. He believes that the arbitration courts did not take into account the medical documents provided to them and did not examine them properly. It was this argument that formed the basis of his appeal to the Supreme Court. The applicant seeks the repeal of the acts of the lower courts and exemption from subsidiary liability, citing the inability to perform managerial functions due to a serious illness.
Supreme Court Judge Ivan Razumov found the applicant's arguments worthy of additional analysis and referred the complaint to the Economic Board of the Supreme Court. The hearing on the case is scheduled for October 30. The decision of the highest court can become a guideline for similar disputes when the illness of the head affects his participation in the management of the company.
Photo: Freepik
08.10.2025
