Qualification of Actions (Inaction) of the Person Exercising Functions of the Chief Executive Body of the Company as Bad Faith and Unreasonable for the Purpose of Bringing to the Civil Liability

The Graduation Paper is devoted to Qualification of Actions (Inaction) of the Person Exercising Functions of the Chief Executive Body of the Company as Bad Faith and Unreasonable for the Purpose of Bringing to the Civil Liability. The purpose of the work is to identify the characteristic features of the Bad Faith and Unreasonableness of the actions of the CEO. The CEO may be brought to responsibility in case of violation his duty to act in good faith and reasonably. The absence of a legal definition of the evaluative concepts of "good faith" and "reasonableness" in relation to the behavior of the CEO and clear characteristic features of dishonesty and unreasonableness in the actions of the CEO entail the risk of incorrect qualification of the CEO’s actions as unfair and unreasonable. In the first chapter of the paper the following issues are considered: the content of the concept of "wrongfulness", the ratio of violation of good faith and reasonableness and violation of regulatory legal acts, Articles of Association and other internal documents of a legal entity, the form of unlawful conduct and the problem of the act of omission, the content of the director's duties to act in good faith and reasonably, understanding of duties to act in good faith and reasonably in judicial practice. The second chapter analyzes the problems of qualifying the behavior of the director as bad faith and unreasonable, examines the most common categories of disputes in practice, makes an attempt to formulate characteristic features of bad faith and unreason. The third chapter analyzes the problem of confusing the wrongfulness of the behavior of the director and guilt and the issue of the distributing the burden of proof.