Director Is Liable for Failing to Manage Risks, Rather Than Making Mistakes

The Pravo.ru outlet has published a feature marking the tenth litigation study. In 2025, the average claim amount increased by nearly 78%. The number of commercial disputes rose by 36%, while separate disputes in bankruptcy proceedings decreased by 15%. At the same time, cases involving state authorities remained roughly unchanged, but their average value nearly doubled.

Victoria Arutyunyan, Partner at FBK Legal, commenting on corporate disputes, notes:

Management and controlling person liability has come to the forefront in corporate disputes. Since 2020, claims for losses against top managers have surged, and over the past four years have averaged approximately 800 billion roubles. In 2024, courts upheld just over 40% of claims — the highest rate in seven years. In 2025, this trend has continued, though courts continue to strike a careful balance, applying strict criteria when assessing the amount of damages.

Often, it is not the party that is right that wins, but the one that can substantiate how its decision was made. A director is not liable for a mistake, but for having no risk management system in place. That is precisely where lawyers add value: they help structure processes so that management decisions can be justified and defended in court.