EXCLUSION OF THE DEBTOR FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES DURING ENFORCEMENT PROCEEDINGS

the July issue of the ASMO Bulletin has published an article by the head of the Infralex analytical service, Olga Pleshanova. The article examines the Decision of the Constitutional Court of the Russian Federation dated May 21, 2011 No. 20-P, which deals with the problems of subsidiary liability of controlling persons of the debtor excluded from the unified state register of legal entities. At the same time, the Constitutional Court found a conflict between the extrajudicial procedure for excluding legal entities from the Unified State Register of Legal Entities as inactive and enforcement proceedings, during which the debtor was excluded from the Unified State Register of Legal Entities. The Constitutional Court has formulated a standard for assessing the behavior of a collector who is a consumer, which in the future can change the standards for assessing state responsibility for the actions (inaction) of enforcement bodies.

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