Responsibility of a Senior Officer under Russian Law in Comparison with German law

Abstract

The article describes the main provisions of the responsibility of a senior officer under Russian law in comparison with German law. In particular, the author draws attention to the significant role of the Resolution of the Plenum of the Supreme Arbitration Court of the RF "On some issues of recovering damages by members of bodies of a legal entity " No. 62 dated July 30, 2013 in developing the institute of responsibility of governing bodies of legal entities. The article enumerates persons who can be held accountable, as well as persons authorized to resort to court with an appropriate complaint. The author considers circumstances under which a senior office can be held accountable, as well as circumstances under which a senior officer can be discharged of any responsibility. The article also enumerates cases when bad faith and unreasonableness of a senior officer are presumed. To sum up, the author concludes that senior officer responsibility enhances to encourage him or her to act in good faith and reasonably in the interests of a legal entity.