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Цивилистические начала деятельности руководителя
The issue of Civil and Labour Law correlation in regulation of the activities of a legal entity’s CEO remains unresolved both in theory and in law-enforcement. Conflicts are driven by the rudiments of the Soviet period theories — still existing in public legal consciousness — which proclaimed a legal entity a real subject, but in fact, turned it into a scholastic structure not working in practice. On the contrary, treating a legal entity as a tie point of rights and obligations, legal reality, while treating a CEO as its special representative — makes it possible to draw a clear distinction between civil and labour relations. The powers of a CEO are given and terminated by civil-law decisions of a legal entity. Due to fiduciary nature of relations, taking a decision to terminate the powers makes it impossible for a CEO to continue performing their functional responsibilities. Nevertheless, the termination decision in itself cannot exclude giving an ex-CEO social guarantees and compensations as specified by Law and labor contract.