Theoretical and Legal Framework of the Responsibility of the Enterprise’s Head

Abstract

Problem setting. At the present stage of the labor market development, considering the imperfect system of mate- rial incentives and pure standards of labour payment the different responsibilities become one of the main means of labor discipline that can be used to both ordinary employees and to heads of the enterprises who do not follow the rules of in- ternal labor regulations. Target of research. The aim of the article is to study the theoretical and legal framework of the responsibility of enterprise’s head, such framework specifies by the need to regulate his labour conducting with his special status, by the features of its content, by elaborating the recommendations for more efficient regulation of labor relations involving heads of the enterprises and by the analysis of the legal regulation principles of head’s responsibility under the current legislation of Ukraine. Analysis of resent researches and publications. The issues of the responsibility of the enterprise’s head have been researched by mentioned famous sholars: Bolotina N. B., Venediktov V. S., Goncharov G. S., Inshyn M. I., Livshits R. Z., Maidanyk R. A., Prylypko S. M., Protsevskyy O. I., Smirnov V. M., Stadnyk M. P., Chanysheva G. I., Yaroshenko O. M. and others. Article’s main body. The level of the head’s education, his professional skills, experience, ability to manage public opinion of the labor collective is largely dependent on the successful management of the enterprise or organization, and at the same time the efficient production and operation of the enterprises what are important tasks of the modern head of the company. Conclusions and prospects for the development. Head of the company acting on behalf of the company represents its interests in state authorities and local governments, other organizations, in relationships with legal entities and citizens, forms enterprise administration and resolve the issue of the company’s activity within the limits and manner specified by the constituent documents. The heads of the enterprise, according to these criteria, are the sole executive body (director, general director) or the chairman and members of the collective executive body (board, management, board of directors, etc.) of a business partnership. The main types of the responsibility of the enterprise’s head are criminal, administrative, disciplinary and material. In scientific literature also distinguished civil, financial, constitutional and international legal responsibility. However, the recent types of the responsibility related to the labor law indirectly.