ON THE POSSIBILITY TO ACKNOWLEDGE PUBLIC LAW STRUCTURES AND PERSONS ACTING UNDER THEIR SPECIAL INSTRUCTION AS PERSONS CONTROLLING A DEBTOR, AND BRING THEM TO SUBSIDIARY LIABILITY

One of the central legal concepts of insolvency (bankruptcy) as a complex branch of legislation in Russia is the so-called “controlling debtor”, which appears in disputes on bringing to subsidiary liability in bankruptcy proceedings. Traditionally, legal science and judicial practice consider as such individuals and legal entities that may determine the debtor’s behavior by virtue of legal or actual affiliation with the debtor. However, public-law entities and persons acting on their special instructions in the debtor’s management bodies escape from the field of view of doctrine and practice. In this connection, the authors in this article analyze the possibility of bringing public-law entities and persons acting on their special instructions to subsidiary liability within the framework of the Federal Law “On Insolvency (Bankruptcy)”. In the course of the study, the authors come to the conclusion that it is necessary to distinguish between subsidiary liability of public legal entities and persons acting on special instructions in the debtor’s management bodies. on special assignment in the debtor’s management bodies. In addition, the authors give a negative assessment of the possibility of bringing to subsidiary liability persons acting in the management bodies of the debtor by special order and on behalf of publiclaw entities, since there is no guilt - one of the mandatory elements of the offense. The relevance of the article consists in revealing the peculiarities of bringing to subsidiary liability of persons acting on special assignment on behalf of public-law entities.