Civil liability "nominal head" of the organization to bankruptcy

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Purpose: To research is a comprehensive study of the specifics of civil liability of the «nominal Manager» in the bankruptcy of organizations under the legislation of the Russian Federation. Methodology: Comparative legal and formal legal methods were Used. Results: In the article it was analyzed the terms «nominal head», «actual head» and reveals the criteria that allow to classify the heads of organizations as such. At the same time, the use of this term is complicated by the absence of its fixed in the bankruptcy Law and the regulatory established criteria for classifying managers as nominal. The conducted research shows the need to Supplement article 2 of the bankruptcy Law with the concept of»nominal Manager». The article describes the conditions of civil liability of nominal managers in the insolvency (bankruptcy) of a legal entity. Examines the issues on the basis of liability of the nominal leaders on the nature of the offences committed by these individuals. A set of mandatory conditions necessary for bringing to subsidiary responsibility the nominal managers of the debtor is considered. Novelty/originality/value: The Article has a high scientific value, as it is one of the first attempts to consider the issue of bringing to civil liability of the «nominal head» of the organization in the bankruptcy case.


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IDR: 140225210

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