Kovalenko S.P. The Peculiarities of Bringing to Responsibility the Regulatory Bodies of Economic Society

Kovalenko Svetlana Pavlovna

Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)

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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The existence of a legal duty assumes the establishment of responsibility for its non-performance. When certain duties are established by the parties, but responsibility for their non-performance is not provided, duties in legal sense simply do not exist. Therefore, for understanding the feasibility in Russian law it is necessary to analyse, what adverse effects can be applied to the non-complying party. The existence of losses and their size is hardly proved taking into account the character of obligations of legal entity governing bodies, not to mention the relationship of cause and effect. The most part of judgments have justificatory character concerning bringing to responsibility the governing bodies, with pointing out the usual business risk. The norms regulating the responsibility of governing bodies of economic society, are not fully sufficiently settled by the law on a joint stock company and the Civil Code of the Russian Federation; there is still some reticence on separate provisions. Within the existing legal regulation, judicial protection of economic society, lawenforcement in the form of damage recovery from governing bodies of economic society are connected with certain difficulties.

Key words: civil and legal responsibility, governing bodies, economic societies, judicial protection, recovery of damages.

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