Civil Liability of the Controlling Persons of the Debtor Legal Entity in the States of the Eurasian Economic Union

The present study is devoted to identifying the main current properties of civil liability of the controlling persons of the debtor legal entity in the states of the Eurasian Economic Union (hereinafter referred to as the EAEU) and formulating proposals for improving legislation in this area. The set goals were achieved by the consistent performance of the following tasks: to characterise the set of sources governing the civil liability of persons controlling the debtor organisation in the Russian Federation and other EAEU countries; to summarise the ideas underlying the emerging approaches to the definition of the controlling persons of the debtor organization; to reveal the current features of holding accountable to a controlled organization; to determine the possibilities of holding accountable to the creditors of a legal entity; to outline the peculiarities of the responsibility of the persons controlling the debtor within the framework of the economic insolvency (bankruptcy) of the organization. On the basis of the results of the analysis of the Treaty on the EAEU and national sources of regulation it was concluded that the regulations governing the considered legal relations are of exclusively domestic nature and have heterogeneity, and there is a need for ensuring coherence and consistency of provisions. In consideration of the information studied, recommendations are proposed for amending the legislation, including elimination of duplications and collisions, usage of presumptions to clarify the concept of a controlling person, and broadening of the possibility of voluntary civil liability insurance.