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.
WHEN THE MANAGEMENT MODEL BECOMES A DELICACY
The Manager requested that the supervisors be held vicariously liable (case no. A40-125034/20).
The courts of two instances partially satisfied the application, refusing to hold the two former directors of the debtor vicariously liable, since the fact of the debtor's objective bankruptcy during their leadership has not been proven. The presented calculations of the manager do not confirm the debtor's transition to the stage of objective bankruptcy. During this period, the company's assets significantly exceeded its liabilities, and the current liquidity ratio was more than acceptable.
The cassation sent the dispute for reconsideration in this part, drawing attention to the fact that the courts did not investigate and did not evaluate the arguments of the manager about the possible involvement of the defendants in the distortion of tax and accounting statements. The facts of using "technical" companies to obtain unjustified tax benefits and submit VAT for deduction on fictitious documents were not investigated. In addition, the courts did not establish whether the actions or omissions of the defendants in not collecting accounts receivable for a long time could have led to the bankruptcy of the company.
The court also noted that the case file contains evidence indicating that the unlawful actions of the controlling persons significantly affected the financial situation of the debtor. The process of proving the impossibility of repayment of creditors' claims was simplified by the legislator for plaintiffs through the introduction of rebuttable presumptions, but the courts did not shift the burden of proof to the defendants. The role of each of the defendants in the commission of a tax offense was also not established.
Photo: Freepik
The courts of two instances partially satisfied the application, refusing to hold the two former directors of the debtor vicariously liable, since the fact of the debtor's objective bankruptcy during their leadership has not been proven. The presented calculations of the manager do not confirm the debtor's transition to the stage of objective bankruptcy. During this period, the company's assets significantly exceeded its liabilities, and the current liquidity ratio was more than acceptable.
The cassation sent the dispute for reconsideration in this part, drawing attention to the fact that the courts did not investigate and did not evaluate the arguments of the manager about the possible involvement of the defendants in the distortion of tax and accounting statements. The facts of using "technical" companies to obtain unjustified tax benefits and submit VAT for deduction on fictitious documents were not investigated. In addition, the courts did not establish whether the actions or omissions of the defendants in not collecting accounts receivable for a long time could have led to the bankruptcy of the company.
The court also noted that the case file contains evidence indicating that the unlawful actions of the controlling persons significantly affected the financial situation of the debtor. The process of proving the impossibility of repayment of creditors' claims was simplified by the legislator for plaintiffs through the introduction of rebuttable presumptions, but the courts did not shift the burden of proof to the defendants. The role of each of the defendants in the commission of a tax offense was also not established.
Photo: Freepik
13.11.2025
