The Constitutional Court Rejected a Challenge to the Rules on Subsidiary Liability
By Ruling No. 543-O of 26 February 2026, the Constitutional Court of the Russian Federation refused to accept for consideration a complaint filed by PJSC Sberbank challenging the constitutionality of the provisionsof the Bankruptcy Law governing the disposal of claims for bringing controlling persons of a debtor to subsidiary liability, including the assignment and sale of such claims.
The Constitutional Court held that the relevant regulation is aimed at achieving the public-law objectives of bankruptcy proceedings and ensuring a balance of interests among all participants. Under the meaning ofthe law, the consideration-based assignment of claims against controlling persons is intended to replenish the bankruptcy estate and to ensure more complete satisfaction of creditors’ claims.
The Court emphasized that the contested provisions, in themselves, do not violate the constitutional rights of creditors, while the applicant’s arguments in fact amount to disagreement with the manner in whichthese norms were applied by courts in specific cases, which does not constitute grounds for reviewing their constitutionality.
