Risky business model as a basis for attracting persons controlling a credit institution to recover losses

Goals of writing the article. A logical consequence of the Bank of Russia's tightening policy in relation to credit organizations was the mass revocation of their licenses to perform banking operations and the recognition of such banks as insolvent (bankrupt). Often, the revocation of a license is associated with a violation of a number of mandatory economic standards for credit institutions, which are also the responsibility of the Bank's managers, including members of the Bank's collegial management bodies. Persons controlling a credit institution are often held vicariously liable for the credit institution's debt to creditors. In addition to the actual subsidiary liability, article 189.23 of the Federal law «on insolvency (bankruptcy)» provides for the possibility of attracting controlling persons to compensation for losses. However, due to the fact that the legal nature and grounds for such liability are not clearly defined, there are difficulties in law enforcement, leading to legal proceedings. One of the reasons for attracting compensation for losses from controlling persons is often called the implementation of a risky business model of a credit organization. Conclusions of the article. Based on the analysis of the legal nature of the risky business model, the author comes to the conclusion that it can not be the basis for bringing the person controlling the credit institution to responsibility in the form of compensation for losses.

business model, controlling person, bankruptcy, liability, reasoned judgment