YOU CAN'T COPY A CLAIM FOR A SUBSIDY AND CLAIM IT FOR DAMAGES.

YOU CAN'T COPY A CLAIM FOR A SUBSIDY AND CLAIM IT FOR DAMAGES.

YOU CAN'T COPY A CLAIM FOR A SUBSIDY AND CLAIM IT FOR DAMAGES.
The manager applied to the court to recover damages from the debtor's former CEO (case no. A60-67340/19).

The courts of two instances satisfied the application, referring to the fact that the fact of causing losses and the existence of a causal relationship between the actions of the defendant and the consequences had been proven, since at the time of granting loans the company's accounts payable amounted to a significant amount and the debtor already had unfulfilled obligations to creditors.

The cassation left the application without consideration, pointing out that the proceedings of the court of first instance consider a separate dispute on bringing the defendant to subsidiary liability, including on the grounds of concluding a loan agreement and further disposal of these loan funds from the debtor's assets in favor of an affiliated person and other persons unrelated to the debtor, that is, a dispute between the same persons, on the same subject and on the same grounds.

From the analysis of the application for subsidiary liability and its supplements, revealing the essence of the imputed violation, and the materials of this dispute on recovery of damages, it follows that the subject and basis of the claim presented in this separate dispute and the claim previously considered in the framework of a separate dispute on subsidiary liability actually coincide, as well as the parties – the bankruptcy trustee of the company, acting in the interests of the debtor's creditors, and the defendant.

18.06.2026