Criteria of Integrity of the Sole Executive Body: Problem Statement


 The subject of the study is the legal relations related to the implementation of the principle of good faith by the participants of corporate law. The author examines the acts of interpretation that reveal the essence of good faith behavior in corporate legal relations. Sets itself the following questions based on the analysis of legislation, scientific materials and law enforcement practice, related to the definition of legal problems related to the implementation of the principle of good faith. Particular attention is paid to the integrity of the sole body of a legal entity, the current state of legislation and law enforcement practice is investigated, in terms of specifying the integrity of behavior. The authors establish their insufficiency, the need for additional doctrinal research in the context of an innovative revision taking into account modern civilizational (political) risks and threats. Based on the study of Russian legislation and the practice of implementing the principle of good faith in corporate legal relations, the authors conclude that their doctrinal rethinking is necessary, only judicial clarification of the criteria of good faith of the executive body of a legal entity is established, their insufficiency is determined in the context of the actual civilizational and political-legal situation in the country. The results of the scientific research are the establishment of the insufficiency of the application of the criteria for determining the integrity of the executive bodies of a legal entity, defined by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 30.07.2013 No. 62 "On certain issues of compensation for damages by persons who are part of the bodies of a legal entity". The authors raise the question of the need to rethink the criteria of good faith, taking into account civilizational (political) risks and threats.
