Права лица, привлекаемого к субсидиарной ответственности, вне рамок обособленного спора

Законодательство. 2022. № 2. С. 56–60.

Lukyanchikova E.

During the period of  enforcement of  the Bankruptcy Law  chapter III.2 "The responsibility of the debtor's head and other people in the bankruptcy case," in a judicial practice an approach has been formed, according to which a person, who is subjected to subsidiary liability, is vested with the rights of the person participating in the case, exclusively within the framework of a separate dispute. This position infringes the rights and the legitimate interests of the people, who are subjected to subsidiary liability -  it does not comply with the principle of the procedural economy and deprives the right to be protected in some cases. On November 16, 2021, the Constitutional Court of the Russian Federation recognized the right of the people, brought to subsidiary liability, to appeal against the judicial acts for the inclusion of the creditors' claims into the creditor's register. It seems that the position of the Constitutional Court of the Russian Federation should also provide guidance when the courts consider other separate disputes that affect the rights and legitimate interests of the people, who are subjected to subsidiary liability.

Keywords: appeal, субсидиарная ответственность, subsidiary liability, обжалование судебных актов, isolated disputes in bankruptcy cases, обособленные споры по делам о банкротстве