To the Issue of Defi ning the Legal Status of Legal Person’s Director as its Body and as its Employee

This publication refers to determining features of the legal status of legal person’s director and reviewing the approach to its characteristic as «double». Through stipulating and analizing functions of the director two spheres of his legal relations are stated, one of them is covered by civil regulation, that is connected with will formation of legal person and being its representative; the second one refers to managing and organizing activity in inner relations, that constitute the subject of labor law. It is grounded, that the civil legal status of legal person’s director as a body of company should be divided from its legal status as an employee. Attention is accented on the fact that the activities of the legal entity is not only limited to the presentation of its will in relations with third persons, – it covers considerably wider range of functions that are written into the terms of reference: these are organizational, control, corporate governance function. In particular, the legal entity performing administrative and organizational functions in formation of internal structure of the organization, developing strategies and action plans, approving staffi ng and shaping the labor collective, establishing production and administration. There is a position, that depending on the functional orientation implementation powers divided usually between several agencies of the legal entity of private law. General Meeting of Society carry out, so to say, of forming will of legal entity as general, will averaged, coming will making part of it. Administrative and organizational plenary powers vested with the executive body of the legal entity, and control and supervision – the supervisory board, audit committee. Thus, the structure of the internal mechanism refl ects the internal mechanism of forming of will of such legal subject and its realization subject in relationships with the third persons.