“How to interpret the clause in the Decision of the Constitutional Court on bringing PCD (Person, controlling the Debtor) to subsidiary liability” — Tatyana Tereshchenko for Zakon.ru
The decision of the Constitutional Court of the Russian Federation published a few days ago in the case of checking the constitutionality of paragraph 3.1 of Article 3 of the Federal Law "On Limited Liability Companies" in connection with the complaint of G. V. Karpuk No. 20-П of May 21, 2021 (hereinafter referred to as PKS No. 20 – П) is actively discussed by the professional community.
Of great interest is not only the main position of the Constitutional Court of the Russian Federation and the related issue of "retroactive effect of clarifications" (for all requirements that are satisfied after PKS No. 20, or after the inclusion in the Federal Law on LLC of clause 3.1 of Article 3 of the Federal Law on LLC).
No less interesting is the reservation made by the Constitutional Court of the Russian Federation, which can be interpreted in two ways and expand or significantly expand (depending on the interpretation) the application of the legal position of the Constitutional Court of the Russian Federation.