Research On The Legal System Of Corporation Manager

The research on the legal system of corporation manager, include the managerqualifications, authority and legal responsibility. With the improvement of the managers’legal status, managers’ qualifications and authority extension has seriously infringed theinterests of the company and shareholders. How to improve the system of the managers’rights restrictions in one hand to satisfy the needs of the company management and in anotherhand to prevent abuse arising problems, in Ukraine has already attracted widespread attention.Therefore, this research analyzes the historical evolution of the manager, and improving thelegal system of the manager in Ukraine. To improve manager authority, mainly to improvemanager rights restrictions system, has been conducted a comprehensive review and made alot of suggestions. The main method to improve manager authority is to clarify manager legalagent rights in Ukraine, is to give manager all necessary rights for representing the company,and in company statute or employment contract determine the restrictions of their rights. Onlyin this way can be avoid conflicts arisen by manager authority, and improve the autonomy ofthe company management, protect the interests of the company.Company manager belongs to the company’s top management, he runs the company’sdaily operation and management activities, and in legal relation appointed by the board ofdirectors. Ukrainian companies runs by shareholders, board of supervisors and managers.Manager authority reflects in internal management’s rights and external agent rights. Managerexternal agent rights help to protect transaction security and promote trade efficiency. It alsoprovides internal restrictions for the confronting good wealth of the third-party. Managerinternal authority and external policy has a significant influence to the company. Ukrainian"Company Law" has a lack of appropriate articles. By researching Ukrainian legislation onmanager legal responsibility, analyzed manager civil, administrative and criminalresponsibility. Some scholars think relations between company and company organization arerepresentative relations. In other hand, some scholars think managers themselves are notrepresentatives of the company, company organization is consistent part of legal entity, on hisbehalf represent the legal entity, therefore, appeared a lot of questions about how manager hasto bear legal responsibility. The existing managers’ legal system remains to be improved. Ukrainian legislation should strengthen the manager civil liability and at the same time,should establish civil liability of the manager to the third-party. Establishing members of thecompany executive body bear compensation responsibility; it should be taken into account theexistence of the labor relations between manager and company, and should be takencorresponding additions to Ukraine "Labor Code"; enterprises should have a considerable joblist; company manager should get the status of natural person, and should be taken thedifferentiated approach method to provide manager compensation responsibility questions. Inaddition, to the managers’ compensation responsibility of large, middle and small companiesshould be taken a different attitude to adjust their legal relationship.