1. The subject of the dispute is the application of the insolvency receiver to impose joint and several liability on the former head of the bankrupt enterprise for failure to satisfy the creditors’ claims.
2. The court of cassation reversed the decisions of the previous courts, which imposed joint and several liability on the head, considering that the courts did not determine the amount of losses caused to the enterprise by the actions of the head, and did not resolve the issue of their recovery in favor of the debtor for further satisfaction of the creditors’ claims. The court noted that the joint and several liability of the head occurs in the event that he did not apply to the court with a petition for bankruptcy in the presence of a threat of insolvency, and this led to losses of the enterprise. The court indicated that the recovery of funds from the head should take place in favor of the debtor with further crediting to the liquidation estate, thus deviating from previous practice. The court also emphasized that the insolvency receiver, when applying for the imposition of joint and several liability, acts in the interests of the debtor and creditors.
3. The court of cassation reversed the decisions of the previous courts and sent the case for a new trial to the court of first instance to establish the amount of damages and resolve the issue of their recovery.
