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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 Supreme Court released the cancer-stricken CEO from subsidiary liability.
The Supreme Court of the Russian Federation (SC RF) has defended the CEO of the firm "Arkhitektpodryad" from subsidiary liability for the company's debts. The court's ruling was made public on November 12. Previously, lower courts had ruled that the company's head, Sergey Tavitov, who held the position from 2016 to 2021, should be held accountable for transactions that resulted in losses to creditors exceeding 22 million rubles and were one of the causes of the company's bankruptcy.
Tavitov stated that he had been seriously ill since November 2018, having been diagnosed with cancer. During his lengthy treatment, rehabilitation, and sick leave, he had not actually managed the company or participated in the transactions that became the subject of the dispute.
The bankruptcy trustee, for his part, pointed out that Tavitov had signed salary orders and appealed to the magistrate's court, but the Supreme Court of the Russian Federation emphasized that for subsidiary liability to be imposed, it is the actual participation in the company's management at the time the disputed transactions took place that is essential.
The judicial panel of the Supreme Court of the Russian Federation noted that the presumption of managerial liability, according to bankruptcy law, applies only when the person actually controlled the debtor's activities. Ignoring evidence of the impossibility of participation in management (for example, illness) violates procedural rules (Articles 71, 168, 170 of the Arbitration Procedure Code of the Russian Federation) and the clarifications of Supreme Court Plenum No. 53. Without establishing a causal link between the actions of the company's CEO and its insolvency, subsidiary liability will be illegal.
The dispute over Tavitov's liability has been sent to the Moscow City Court for a new hearing. The Supreme Court effectively upheld the CEO's rights, demonstrating that serious illness can serve as grounds for absolving a company of its debts if there is no effective control over its operations.
Photo: Freepik
Tavitov stated that he had been seriously ill since November 2018, having been diagnosed with cancer. During his lengthy treatment, rehabilitation, and sick leave, he had not actually managed the company or participated in the transactions that became the subject of the dispute.
The bankruptcy trustee, for his part, pointed out that Tavitov had signed salary orders and appealed to the magistrate's court, but the Supreme Court of the Russian Federation emphasized that for subsidiary liability to be imposed, it is the actual participation in the company's management at the time the disputed transactions took place that is essential.
The judicial panel of the Supreme Court of the Russian Federation noted that the presumption of managerial liability, according to bankruptcy law, applies only when the person actually controlled the debtor's activities. Ignoring evidence of the impossibility of participation in management (for example, illness) violates procedural rules (Articles 71, 168, 170 of the Arbitration Procedure Code of the Russian Federation) and the clarifications of Supreme Court Plenum No. 53. Without establishing a causal link between the actions of the company's CEO and its insolvency, subsidiary liability will be illegal.
The dispute over Tavitov's liability has been sent to the Moscow City Court for a new hearing. The Supreme Court effectively upheld the CEO's rights, demonstrating that serious illness can serve as grounds for absolving a company of its debts if there is no effective control over its operations.
Photo: Freepik
18.11.2025
