Turbina I.A. Executive Body of Economic Society: Body or Representative?
Inga Aleksandrovna Turbina
Postgraduate Student, Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The author examines the most discussed and debated changes in the Civil Code of the Russian Federation (hereinafter the Civil Code) concerning the legal regulation of the status of the executive bodies and the legal nature of the relationship between a business entity and its sole executive body. The pluralistic scientific views of the competent scientific environment are analyzed on this matter and on the issues of jurisprudence. As a result of consideration, the author comes to the conclusion that the recognition of the sole executive body as the body of the business association does not diminish its role as a representative, on the contrary, provides the most complete way to determine the position of a person, realizing the function of the executive body. It is proposed to appropriately from a legal and a practical point of view, accept the approach specifying that the sole executive body is the body of the business association, and representative.
Key words: economic entities, legal status, executive body, organic theory, representation, litigation.