Problematic aspects of the institution of responsibility of the sole executive body of legal organizations
This article reveals the problems of such an institution as the responsibility of the sole executive body of a legal organization. The responsibility of corporate management bodies is fixed in Article 53.1 of the Civil Code of the Russian Federation. It is discussed in more detail in the Resolution of the Plenum of the Supreme Arbitration Court of 30.07.2013 No. 62 “On certain issues of compensation for damages by persons who are part of the bodies of a legal entity”, which reveals the criteria of bad faith and unreasonableness in the actions of the sole executive body, but, despite this Resolution, which introduced many novelties and clarity in the application of the rules of responsibility to the director, if losses were caused to a legal entity as a result of his actions, nevertheless, problems still remain in this institute. In particular, the following problems will be raised and disclosed: the blurring of the concepts of interest of a legal entity, bad faith and unreasonableness, the problem of distinguishing the actions of the sole executive body, which can be described as a reasonable risk with unfair and unreasonable actions that entailed consequences in the form of losses for a legal entity, the difficulty in proving the criteria of bad faith and unreasonableness, the problem of distinguishing between such types of liability as liability in the framework of bankruptcy proceedings and the responsibility of the sole executive body for losses caused to the corporation by unfair and unreasonable actions.