RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 23, 2025 No. 42

About introduction of amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 2017 No. 53 "About some questions connected with attraction of persons controlling the debtor to responsibility in case of bankruptcy"

Due to the questions which are available in court practice, and also for the purpose of ensuring the correct and uniform application of provisions of the legislation the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to bring in the resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 2017 No. 53 "About some questions connected with attraction of persons controlling the debtor to responsibility in case of bankruptcy" the following changes.

1. Add Item 1 with the paragraph of the following content:

"Conducting economic activity by the legal entity with entrepreneurial risk is not the basis for attraction of persons controlling the debtor to subsidiary responsibility according to obligations of such person. Persons controlling the debtor can be brought to subsidiary responsibility only if inability of the debtor to meet the available requirements is caused by their behavior which did not answer criteria of conscientiousness and rationality, including is not connected with market or other objective factors (Items 3 and 4 of Article 1, Item 1 of Article 2, Items 1 and 5 of Article 10, Item 2 of Article 56 and Item 1 of article 1064 Civil Code of the Russian Federation).".

2. Add with Items 20 (1) and 20(2) following contents:

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