PROTECTION OF THE RIGHTS OF THE HEAD OF THE ORGANIZATION IN CASE OF DISMISSAL ON HIS/HER OWN INITIATIVE WITH INACTION OF ITS PARTICIPANTS

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PDF:		Author(s):	Zhigalova A. A.,
Number of journal:	2(67)	Date:	May 2024
Annotation:	One of the most controversial issues arising in labor legal relations complicated by the corporate element is the legal aspects of dismissal of the head of the organization on his/her own initiative. Currently, the problems associated with the change in such a situation of the legal position of a person who had the right to act on behalf of a legal entity without a power of attorney are not fully studied, which is complicated by the lack of precise and unambiguous legislative regulation in this area. The scientific literature mainly focuses on the most important aspects of labor law related to guaranteeing the rights of the former head of the company, in particular, his/ her right to terminate the contract, to receive a compensation, etc, while the problems in the field of corporate legal regulation of this issue remain without due attention. At the same time, a number of questions often arise in practice: how to ensure the balance of interests of the organization and its former director; what actions should be taken by the former director upon resignation to ensure the protection of his/her rights in the future; how to act in a situation when the participants (shareholders) of the company perform actions (inaction) preventing the dismissal of a person from the position of the director by impending all the necessary procedures. It is possible to solve these and other issues arising in this area by carrying out a detailed analysis of available judicial practice and acts of interpretation of legislation and doctrinal sources.
Keywords:	dismissal of director, protection of former director’s rights, refusal of tax authority to register changes, record of unreliable information, inaction of shareholders of the organization, change of director, legal consequences of unreliable information about the director, impeding dismissal of director, statement of an individual about unreliable information about him/her
For citation:	Zhigalova A. A. Protection of the rights of the head of the organization in case of dismissal on his/her own initiative with inaction of its participants. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):301—305. DOI: 10.25683/VOLBI.2024.67.1012.