The Constitutional Court allowed controlling persons to challenge the claims of creditors. Regulation of liability.
Owners and managers of bankrupts (controlling persons of the debtor) will be able to personally argue with creditors, raising objections to the claims included in the register of creditors. Controlling persons will have such a right if they are brought to subsidiary liability for the debts of a bankrupt.
This is done in order to regulate the amount of liability and eliminate the pro-creditor bias in judicial practice. Initially, the courts were inclined to take the side of creditors in any case, but now controlling persons are gradually being granted additional rights to protect themselves. And the decision of the Constitutional Court shows that they will continue to expand, which is likely to lead to an increase in the burden on the courts.
The former director of the LLC, who was brought to subsidiary liability in a bankruptcy case along with other controlling persons, due to the withdrawal of assets and the conclusion of transactions aimed at obtaining tax benefits, filed a demand to recognize a number of legislative norms as unconstitutional. In this connection, according to the version of the bankruptcy trustee and creditors, a tax debt was formed.
At the same time, he was not allowed to challenge the inclusion of a number of dubious claims (they were presented outside the statute of limitations, with certain violations of procedural laws), as they were denied access to the evidence base. Legislative justification - the former director is not a person involved in the bankruptcy case. Therefore, an appeal to the Constitutional Court followed with a demand to recognize the relevant norms of Art. 34 of the Bankruptcy Law unconstitutional due to the restriction of the right to judicial protection. The Constitutional Court agreed with the applicant's arguments, now the controlling persons have been granted the right to appeal the ruling on the inclusion of claims in the register of creditors, affecting their rights.
Such a decision certainly strikes a fair balance between the parties in a bankruptcy case. After all, when bringing to subsidiary liability, it is the controlling person who repays debts from his own funds. In addition, directors and owners may have evidence sufficient to cut off a number of requirements. On the other hand, there is a risk that the controlling persons will abuse their rights and delay the process in order to delay the moment of bringing to subsidiary liability. The burden on the judiciary will also increase.
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