For the first time, a Russian court has sued the children of its beneficiary for the debts of a bankrupt company.

For the first time in Russian judicial practice, the Moscow Arbitration Court brought the children of its beneficiary to subsidiary liability for the debts of a bankrupt company, reports RIA Novosti . We are talking about the construction company "Alliance", which owes creditors 311 million rubles.

Alliance, controlled by Vadim Samylovskikh, was declared bankrupt in February 2017. The court found that the company hid taxes through fictitious transactions with intermediary companies controlled by the Samylovskys' wife, Natalya Kiriyenko. The hidden funds were transferred to Veksha Plus LLC, whose general director was also Kiriyenko.

In 2018, the Federal Tax Service asked to bring to subsidiary liability the controlling persons of the Alliance - Samylovsky, Kiriyenko and their two children, Dmitry and Daniil. After the bankruptcy of the construction company, the parents gave their sons, who were then 20 and 15 years old, eight properties and two vehicles.

During the first consideration of the claim, the Moscow Arbitration Court decided in 2018 that only Vadim Samylovskikh should be responsible. Then the court of appeal extended subsidiary liability to his wife. The district court upheld this decision. As a result, the dispute reached the Supreme Court, which agreed with the prosecution of both spouses, and sent the issue of children for a new consideration.

At the same time, the panel of the Supreme Court recommended checking whether the parents of their sons used to hide property from creditors. Taking into account this clarification, the arbitration court satisfied the requirement to bring the children to subsidiary liability.