Problems of Bringing Sole Executive Body of Public Company to Legal Liability

The dissertation is devoted to the legal problems of bringing the sole executive body of a joint-stock company to legal liability. The purpose of this work is a comprehensive study of the legal nature and the main characteristic features of the institution of bringing the sole executive body of a joint-stock company to legal liability, as well as identifying and proposing solutions to existing legal problems in this area. To achieve this goal, it was necessary to solve certain tasks: a) to study the relationship between the concepts of "sole executive body" and "person who is performing the functions of the sole executive body"; b) to analyze the current legislation and law enforcement practice in order to identify the features of the legal regulation of the liability of the EIO of a joint-stock company; c) to investigate the main problems associated with the functioning of the mechanism for bringing the sole executive body to responsibility and to determine the most significant trends in the development of legislation in this area. According to the results of the study, it was concluded that the sole executive body and the person who is performing its functions are two different legal phenomena – and in this regard, it is necessary to distinguish these concepts in the legislation. A possible approach to understanding the good faith of the director was suggested and it was noted that there is a need to clearly distinguish good faith from the category of reasonableness of the director. It was also found necessary to make a legislative attempt to distinguish the categories of guilt of the sole executive body and the illegality of its behavior. As part of the analysis of judicial practice, it was concluded that there is a tendency to transfer more and more discretionary powers to the courts, including in matters of interpretation of the principles of good faith and reasonableness.