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Bringing the Controlling and Dependent Persons to Subsidiary Liability in Insolvency Procedures" (chaired by the Federal Tax Service of the Russian Federation)

Thursday, 16 May
17:00 - 18:30

Amphitheatre, General Staff Building (6-8, Dvortsovaya sq.)

By the beginning of 2019 steady judicial practice of bringing the controlling persons to liability as well as examples of exposure and elimination of the withdrawal schemes of debtor’s assets have been accumulated.

A large percentage of unsatisfied creditors' claims in insolvency proceedings is due to the fact that many companies hide their actual beneficiaries and have a non-transparent asset ownership structure allowing unscrupulous businessmen to evade paying taxes and other creditors’ claims.

With a view to overcome this negative trend it is necessary to increase the transparency of business corporate structures as well as of the company in respect of which an insolvency procedure is initiated.

If the creditors know who are the beneficiaries of the debtor's business and its controlling persons they may use such an important tool as subsidiary liability of the controlling persons in cases where debtor's property is insufficient. Thus, claims for the debt recovery to the controlling persons will be submitted on behalf of the creditors. The controlling persons in order to avoid their own subsidiary liability have a motive to conclude a settlement agreement in the bankruptcy procedure or to choose another option for the debt restructuring.

Often the unfair practice in bankruptcy proceedings is possible due to the dependence of bankruptcy managers on the debtor’s main creditors. If there is available information about the controlling persons, independent creditors have an option to demand the debt recovery from liable persons in cases where bankruptcy manager does not bring such claims.

In this regard it seems promising to bring actual beneficiaries not only in civil law procedures to subsidiary liability but also to criminal liability for the crimes committed in the course of bankruptcy.

Moderator

Kirill Kharitonov

Head of Bankruptcy Procedures Ensurance Administration, Federal Tax Service of Russia

Speakers

Aleksandr Avdeyko

Head of Legal Department, Ministry of Internal Affairs of the Russian Federation

Elena Borisenko

Deputy Chairman of the Board of Management, Gazprombank JSC, Russian Federation

Biography

As the Deputy Chairman of the Board of Management, Ms. Borisenko is overseeing the Gazprombank’s Legal Department and responsible for addressing all legal matters encountered by Gazprombank and its group of companies.

  • Education

Saint Petersburg State University, Law School (2000)

  • Legal practice

Private legal practice, corporate and commercial law (2000-2008)

Member of Saint-Petersburg Bar Chamber (2001-2008)

  • State Service

2008 - 2009 - Advisor to the Head of the Federal Registration Service

2009 - 2010 - Advisor to the Minister of Justice of the Russian Federation 

Feb. 2010 - March 2011 – Head of the Department of Legal Aid and Cooperation with Judicial System, Ministry of Justice of the Russian Federation

2011 - 2012 - Advisor to the Minister of Justice of the Russian Federation, Official Representative of the Ministry of Justice of the Russian Federation in the Constitutional Court of the Russian Federation

2012 - 2015 – Deputy Minister of Justice of the Russian Federation.

Areas of responsibility: development of legal profession: pro bono legal aid, attorneys and bars, notary, forensics, improvement of the national arbitration legislation.

  • Teaching and lecturing

 Saint-Petersburg State University, Law School, State and Administrative Law Department (2013-till now)

Konstantin Chekmyshev

Deputy Head, Federal Tax Service of the Russian Federation

Biography

Ph.D. in Law, Deputy Head of the Federal Tax Service of the Russian Federation.

Author of publications and scientific research on the significance of the case law in the system of tax law sources in the Russian Federation.

Experience in the tax authorities since 2001: 2013-2015 - Deputy Head of the Registration of Taxpayers of the Federal Tax Service of Russia, 2015-February 2018 - Head of the Department of Maintenance of an Insolvency Procedures of the Federal Tax Service of Russia, since February 2018 - Deputy Head of the Federal Tax Service of Russia.

Rustem Miftakhutdinov

Head of Insolvency Proceedings Unit, Rosneft Oil Company PJSC, Russian Federation

Samira Musayeva

Senior Legal Officer, United Nations Commission on International Trade Law

Ivan Razumov

Judge, Head of Judicial Division, Supreme Court of the Russian Federation

Alexander Trunk

Professor, Director of the Institute of East European Studies of Kiel University, Germany

Biography

Biographical details

2 February 1957 - Born in Nuremberg/Germany; married, one son.

1977 - 1982 - Study of law in Munich and Geneva (Switzerland); assistant at the Institute of International Law - Comparative Law -, University of Munich

1986 - Second State Exam in Law

1990 - Doctorate thesis on Lugano and Brussels Conventions (University of Munich)

1997 - Habilitation on German and Comparative Cross-Border Insolvency Law (University of Munich)

Since May 1998 - Full professor of Civil Law and East European Law at the University of Kiel, Director of the Institute of East European Law.

Since 1998 - Head of the Kiel branch of German Association of East European Studies

1999 – 2002 and 2008 – 2010 - Chairman of the Center of East European Studies of Kiel University

Since 2007 - Co-Chairman of the German-Russian Law Institute

2008 – 2011 - Scientific coordinator of the multilateral research project “Foreign Investment Law in Azerbaijan, Kazakhstan and Russia” (funded by the Volkswagen Foundation)

2010 - 2012 - Dean of the Law Faculty of Kiel University

Since 2011 - Vice President of the Law Association of Schleswig-Holstein

Since 2012 - First Vice-Dean of the Law Faculty of Kiel University

Since 2012 - Scientific coordinator of the multilateral research project “Law of International Trade in the Region of Caucasus/Central Asia” (funded by the Volkswagen Foundation).

 

Teaches Eastern European law (in particular with regard to Russia), German civil and civil procedure law including insolvency law, IT law, conflict of laws.

Organization of several international conferences in Kiel and abroad: Security rights in movables in Eastern Europe (1998); Building and construction law in Eastern Europe (1999); Reform of the law of civil and economic procedure in the CIS (2000); Judicial and administrative cooperation in the Baltic Sea Area (2002); ADR in the Baltic Sea Area (2003), Recent tendencies in international insolvency law (2004), Russian private international law in the European context (2004), Russian and German Company Law (2006), German and Chinese 2 business law (2006), Foreign investment law in Azerbaijan, Kazakhstan and Russia (2008 – 2010), Law of International Trade in the Region of Caucasus/Central Asia (2013), Legal Aspects of the Relations EU-Russia (2013), et al.

Initiator and responsible organizer of the program “Law in the Baltic Sea Area” at the Law Faculty of Kiel University, establishing cooperation between law faculties in all countries of the Baltic Sea Area. Initiator of the creation of the German-Russian Law Institute, http://www.drji.de. Responsible organizer of the Kiel Center of Eurasian Economic Law (KEEL), http:www.uni-kiel.de/keel.

Supervisor of doctoral dissertations on comparative law by young scholars from several East European countries including CIS countries (usually in cooperation with a co-supervisor at a partner university in the respective country) as well as dissertations on East European law by German Ph.D. students.

Regular scientific and teaching cooperation with several universities in Eastern Europe including the CIS region (Almaty, Baku, Ekaterinburg, Irkutsk, Kaliningrad, Kiev, Moscow, Riga, Saratov, St. Petersburg, Tartu, Vilnius and others), e.g. by teaching (in Russian, English or German), holding joint seminars with East European colleagues and students from several countries and writing joint publications.

Experience in attracting funding and administration of structured research projects with German and international partners (universities, research institutions, international organizations, German public authorities, international law firms). Funding has been granted, in particular, by German Research Foundation (DFG), German Academic Exchange Service (DAAD), Alexander von Humboldt Foundation, Volkswagen Foundation, Robert Bosch Foundation, ZEIT Foundation. Volume of acquired funding since 1998 ca. 1,5 Mio €.

Regularly serving as an expert on East European law, in particular Russian law and the law of other CIS countries, in state courts (Germany, Austria, The Netherlands) as well as in arbitral proceedings. Experience as arbitrator.

Member of the editorial board of several law journals, mostly on East European Law or law journals edited in Eastern Europe (Osteuropa, Osteuropa Recht, Review of Central and East European Law, International Insolvency Review, Jurisprudencija (Vilnius), Rossijskij Ezhegodnik Grazhdanskogo i Arbitrazhnogo Prozessa, Rossijskij Juridicheskij Zhurnal).

Numerous publications on German and comparative civil law, private international law, law of civil procedure including arbitration, insolvency law.

Foreign languages: English (fluent), Russian (fluent), French (fluent).

 


* The Programme may be subject to change