DIAGNOSTICS OF THE ENTERPRISE EXECUTIVES’ ACTIVITIES AT THE INSTITUTIONAL LEVEL OF GOVERNANCE IN THE CONTEXT OF THE APPLICABLE LEGISLATION, STATUTE AND FULFILLMENT OF THE OFFICIAL DUTIES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The article reveals the essence of the enterprise executives at the institutional level of governance, by which should be understood the chief executive officer (or general manager of top level management) and also his deputies that realize functions of management (controlling, planning, action and/or delegation), develop management methods (economic, administrative, technological, etc.), accept managerial decisions (prospective, current) in the system «information – resource – time» that, taking into account opinion of Nobel Laureate 1976, Milton Friedman, focused on intentional development of the enterprise and formation its prospects (through increased of profit, market share, etc.) in the context implementation of rules of the game (legislative acts, honestly, without cheating and fraud, etc.) and participation in the competitive struggle. The legal status of the chief executive officer of the enterprise reflecting him rights and duties, and also legal guarantee of rights is considered, as a subject of labor relationships. The following conclusions may be drawn: the chief executive officer is the main executive authorities of the enterprise; the chief executive officer of the enterprise is accepted on position on the basis of an employment contract with an employer; chief executive officer of the enterprise carries out his activity in accordance with certain the labour contract of rights, duties and plenary powers that is regulated by the norms of current legislation; within their labour functions the chief executive of the enterprise has legal responsibility (disciplinary, administrative, financial and criminal), that is regulated by the Labor Code of Ukraine, the Code of Ukraine about Administrative Offences, the Criminal Code of Ukraine and other legal documents.
Authors and Affiliations
Р. М. Скриньковський, Р. І. Крамар
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