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«Сын за отца отвечает. Субсидиарная ответственность членов семьи директора в банкротстве компании.»

Тай Ю. В., Будылин С. Л.

Comment to the definition of the Judicial Board for economic disputes of the Supreme court of the Russian Federation dated 23.12.2019 No. 305-ES19-13326 in the considered case, the Supreme court recognized that not only persons controlling the debtor, but also their family members, including minor children, can be brought to subsidiary liability in bankruptcy under certain conditions. In particular, a child of a Director over 14 years of age can be held vicariously liable if the Director presented him with valuable property, and the child knew or "could not have known" that this was done to deceive creditors. This position of the sun seems to be erroneous to the authors. Yes, the property presented by the Director to the child can be withdrawn from the child in principle. However, only if there are appropriate grounds and in due process. Such grounds may be the invalidity of the gift transaction or a tort on the part of the child, but not subsidiary liability in the bankruptcy of the parent company. There is no jurisdiction of the commercial court considering a bankruptcy case to consider such a claim against the Director's child.