Current Legal Issues of Definition and Implementation of Competence of the Sole Executive Body of the Business Association

The purpose of this work was to consider the institute of competence of the sole executive body, to identify current issues of its definition and implementation, to make suggestions on how to solve them, including questions about the appropriate way to fix the competence of the sole executive body and its limitations, about the need for contractors to verify the charter of a business association before entering into contractual relations in order to reduce risks of challenging transactions (including companies in which the authority to act on behalf of a legal entity is granted to several persons). The methodological basis of this work is the general scientific method of system analysis, as well as special legal methods: formal legal, comparative legal, historical legal, method of interpretation of law. In the course of the work, the scientific works of domestic authors and the judicial practice of Russian courts are analyzed. Based on the results of the study, the following conclusions were drawn: about the need to fix the competence of the sole executive body and its limitations exclusively in the company's charter, about the existence of prerequisites for changing the standard of due diligence of the counterparty of a business association in favor of the obligation to verify the constituent document of the company in connection with the emergence of new technical capabilities, about the need to determine the standard of due diligence of counterparties of companies in which the authority to act on behalf of the names of the legal entity are provided to several persons.