Criteria for Controlling Persons of a Debtor in Attraction to Secondary Liability in Bankruptcy Cases

Involvement of persons controlling the debtor in subsidiary liability is important for civil turnover, as this mechanism of protection of creditors' rights is designed to ensure the possibility of replenishing the bankruptcy estate. The most important category within the institution of subsidiary liability is the concept of a person controlling the debtor. At present, Russian regulation contains only general signs of control. In other words, the Russian regulation of the issue under study is fragmentary and does not define such important legal categories as "control", "corporate control", "beneficiary". Judicial practice, due to its greater adaptability, specifies the criteria of a person controlling a debtor, but one cannot but note the lack of systematic development, moreover, the lack of an effective approach for involvement. This paper analyses the key provisions for the insolvency institution on bringing controlling persons to subsidiary liability through the prism of the criteria of controlling debtor, ultimate beneficiaries and beneficiaries.