Peculiarities of the Liability of Persons Who are the Members of Business Entities

This study is devoted to the analysis of some specific features of the liability of the persons who are the members of business entities’ bodies. The author of the research has paid his attention to the peculiarities of the genesis and the establishment of the limits of such liability. Such issue as the indirect claim as a special procedure for bringing members of the business entities’ bodies to justice was also explored in this work. The content of the selected topic of the study was revealed with the examination of the following aspects: the possibility of application of legal norms from the different branches of law in this sphere; positive criteria to the definitions of duty of loyalty and duty of care; separation of such legal categories as wrongfulness and guilt; formal approach to the definition of conflict of interest as a basis for proving the illegality of the behavior of members of bodies of business entities; the establishment of the limits of liability of the members of the business entities’ bodies; peculiarities of the proceedings on indirect claims; rules of the burden of proof in this category of cases. In General, it is worth noting that the conclusions formulated in the study during their further discussion and development in the scientific legal community can have an impact on the formation of stable activity of business entities, so that they can become one of the steps towards the formation of financial and economic stability of business turnover in which these organizations are the main participants.