RECOVERY OF LOSSES DURING THE SANITATION OF A CREDIT COMPANY AS A TOOL FOR BANKING SUPERVISION

Banking supervision is one of the key powers of the Bank of Russia, which leads to the expansion of the relevant supervisory powers in various areas of financial regulation, including bankruptcy of a credit company. A special mechanism for recovery of losses by the Bank of Russia during the sanitation of a credit company, provided for in para. 5 of Art. 189.23 of the Bankruptcy Law, has a public nature; the Bank of Russia uses it to implement its powers of banking supervision. At the same time, the implementation of this mechanism does not exclude the use of other bankruptcy instruments for protecting the rights of creditors. Such a mechanism for recovery of losses differs from the liability of controlling persons in bankruptcy; these differences are due to the purpose of financing, as well as the peculiarities of the sphere of banking regulation.