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THE COP HAS PUBLISHED A REVIEW OF THE PRACTICE FOR 2023

... Constitutional Court of the Russian Federation summed up the results of its practice for 2023. The review includes positions from the decisions of the Constitutional Court adopted last year, some of which relate to bankruptcy. For example, in paragraph 42, the Constitutional Court recalled the decision on the issue of bringing persons controlling the company to subsidiary liability in court proceedings in case of exclusion of the company from the Unified State Register of Legal Entities, namely, a simplified procedure for proving the existence of grounds for prosecution. Paragraph 58 is devoted to the position ...

SUBSIDIARY AFTER EXCLUSION FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES: THE DEFENDANT NEEDS TO JUSTIFY HIMSELF

... basic law of the country of several legislative norms (including paragraph 1, paragraph 12, Article 61.11 of the bankruptcy Law). And although there were no contradictions with the Constitution of the Russian Federation in the norms themselves, the Constitutional Court explained to the judges exactly how they should be applied. The law deals with the possibility of collecting subsidiary liability from the debtor's CDL (persons controlling the debtor) in the event that the insolvency was the result of their actions (or omissions). But what to do in cases when there are no funds for conducting judicial procedures, and the organization ...

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