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Фактический контроль участника за деятельностью юридического лица и номинальное осуществление полномочий руководителя: правовые позиции в современной судебной практике
The article contains analysis of developments of insolvency and corporate legal regulation, as well as current legal views reflected in court decisions, concerning the legal position of a controlling person and the sphere of his responsibility in case of inflicting damages or insufficiency of the debtor’s property in the process of insolvency. Unreasonably broad determination of the scope and the respondents of obligations of a non-managing controlling person has been revealed. Special consideration is given to legal problems connected with legal consequences of so-called nominal status of a director, the correlation of his duties with the ones of a person that really makes business decisions in relation to legal status of such person and his rights towards the legal entity.