DOI: 10.25136/2409-7136.2022.3.37590

Abstract: In this paper, an option to conclude a contract and an option contract are considered in a comparative aspect. The object of the study is an option relationship or a relationship that develops as a result of the application of the norms of civil legislation on options. The subject of the study is the norms of the Civil Code of the Russian Federation governing the conclusion of an agreement on the granting of an option to conclude a contract and an option contract. The main purpose of the work is to compare the option to conclude an agreement and an option agreement, to identify common and distinctive features of the mechanisms under Articles 429.2 and 429.3 of the Civil Code of the Russian Federation. В В В  The scientific novelty of the study lies in the fact that in this paper a comparative analysis of the option to conclude a contract and an option contract is carried out. The norms governing the options constructions under consideration have been subjected to a detailed study and analysis. The results of the study, which reflect the scientific novelty of the work, are manifested in the differentiation of two adjacent options as common constructions. The paper considers the option to conclude a contract and an option contract in a comparative aspect, highlights the adjacent and distinctive features of both designs, concludes about the common purpose of option designs, about the features of mechanisms, as well as the need to improve Articles 429.2 and 429.3 of the Civil Code of the Russian Federation.

DOI: 10.7256/2454-0706.2020.8.33472

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

DOI: 10.7256/2454-0706.2020.8.43361

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

DOI: 10.25136/2409-7136.2020.6.33455

Abstract: This article explores most relevant issues of responsibility of the members of the board of directors in corporations, limited liability companies and joint-stock companies. The object of this research is the relations formed as a result of violations by the members of the board of directors of fiduciary duties imposed upon them. The subject is the norms that regulate responsibility of the members of the oversight council of corporations in civil law, related law enforcement practice, as well as the theoretical provisions of various experts. The main goal of this work consists in determination of relevant problems of the institution of responsibility in form of losses of the members of the board of directors in public and private companies. The scientific novelty lies in the analysis of relevant issues pertinent to responsibility of the members of the board of directors. Detailed analysis is conducted on case law of the courts of superior jurisdiction on the matter. The scientific novelty lies in identification of most urgent problems associated with exercising of authorities of the members of the board of directors and proposal of the mechanisms for improvement of their responsibility in the current legislation, namely with regards to allocation of responsibility for the decisions of higher authorities.  The conclusion is made that the development of the institution of responsibility of the board of directors should correspond with the modern requirements, stimulate economic development, entrepreneurial initiative, allow the subjects of responsibility to predict the consequences of their actions (or inaction), and contribute to efficient fulfillment of their responsibilities.