FEATURES OF COMPENSATION TO THE ARBITRATION MANAGER IN THE CASE OF INSOLVENCY (BANKRUPTCY)

Objective: to determine the specifics of compensation of the remuneration to the manager of the insolvency (bankruptcy) case of the organization under conditions when, according to the procedure for declaring the organization insolvent (bankrupt), the property was not enough to pay the remuneration. Conclusions: the key feature of reimbursement to an insolvency (bankruptcy) manager in an organization when, according to the procedure of declaring an organization insolvent (bankrupt), the property was not enough to pay the remuneration, there is an evidence base of intentional harm to the organization’s creditors and interested parties. Depending on the presence or absence of an evidence base, the responsibility for the remuneration of the manager in the case falls on the head of the organization as a subsidiary liability, or on the claimant, who, including may be the executive authority of the state. Practical value: the findings obtained in the article can be used by practising lawyers in examining insolvency (bankruptcy) cases of organizations. Originality: the latest court practice on the issue under consideration is analyzed, issues of relevance to the organization’s insolvency (bankruptcy) in the context of the economic crisis are raised.

субсидиарная ответственность, конкурсная масса, персональная ответственность, кредиторы, экономическая преступность