Role Of Recovery Of Losses From Managers Or Controlling Persons At Enterprises

Abstract

The corporate law reform has predetermined the need for a detailed study of managers' liability. It is liability, not only for the deliberate appropriation of the company property, but also for careless business operations, which resulted in negative economic indicators of the legal entity. Losses in corporate relations arise from violations and obstacles to actions that have a positive effect on the organizational position in the market, the value of its shares or its capitalization. In this case, the causers of damage to the organization may be people entrusted with its current financial and economic management, as well as subjects that have the ability to determine the company's behavior, with whom the owner of the share does not have a direct real or binding relationship. The author tries to find answers to the question of implementation by company representatives of their right to claim compensation for loss-making activities that also occur when performing actions that do not meet the usual conditions of the civil turnover or ordinary business risk. It is concluded that it is unacceptable to hold managers accountable for displaying bad faith or unreasonableness in the absence of their guilt. Guilt is a prerequisite for corporate liability of managers. In general, it should be noted that the civil law reform of the corporate sphere was unsuccessful in terms of the applied tools for recovery of losses. The legislation needs to be amended to specify that the managers' liability in organizations occurs only if there is their guilt.