SUBSIDIARY LIABILITY OF THE GENERAL DIRECTOR OF A SPECIALIZED DEVELOPER ACTING AS A PROJECT MANAGER

The article examines the institute of subsidiary responsibility of the general director (CEO) of a specialized developer in the context of development (construction) projects in Russia. Subsidiary liability is an additional mechanism for protecting rights of participants and creditors within the framework of the creation of a real estate object. Subsidiary liability is applied when it is impossible to satisfy claims at the expense of the property of the legal entity responsible for the creation of the real estate object. The main attention is paid to the legal and economic aspects related to the involvement of general directors in subsidiary liability, including on the basis of the provisions of Federal Law «On Insolvency (Bankruptcy)» and Art. 399 of the Civil Code of the Russian Federation. The mechanism of applying subsidiary responsibility to the heads of specialized developers is analyzed. The article also analyzes the problem of applying subsidiary responsibility to managers in the context of established practices in the development and construction industries, in which the positions of general directors of specialized developers in large holdings and groups of companies are often occupied not by real directors or founders of a legal entity, but by employees acting as managers of development projects who have the characteristics of nominee directors of specialized developers and execute orders of senior management and beneficiaries. The question of the need to modernize Russian legislation in terms of the institution of subsidiary liability is raised, and ways are proposed to solve the problem of bringing unqualified persons to this type of liability.