On the Legal Nature of the Relationship of the Head with the Organization Headed by Him (Legal Entity)

In the article the subject of the study is relationship arising in the field of labour between the head of the organization and the legal entity (organization), the relevance of which is connected with the desire of the legislator to regulate their civil law, in this connection, there is no clear position on the issue of the branch ownership of these relations at the legislative level, which gave rise to a discussion in legal science about the legal nature of the said relations between scholars-laborers and civilists. The paper analyzes the norms of Chapter 43 of the Labour Code of the Russian Federation, which establish the features of labour regulation of the head of the organization, which unequivocally showed that the relations under study have a labour law character. Therefore, they were regulated only by the norms of labour legislation, which continued until the adoption of the Federal Law of the Russian Federation of May 5, 2014 No. 99-FZ, which changed the situation in this matter. Relations between the noted subjects began to be coordinated by civil law, but the authors don’t agree with such an unreasonable understanding of their legal nature, since the legislator completely ignored the basic principles of labor law, the legal status of the head of the organization, the norms of Art. 11 of the Labour Code of the Russian Federation, etc., which generally excludes the possibility of applying civil law to labour relations. The novelty of the study lies in the fact that the conclusion about the recognition of the untenable legislative concept of the sectoral affiliation of the relations under consideration is made on the basis of studying the essence of the legal category «labour function», which is the key to resolve the current negative situation associated with their regulation by the norms of labour and civil legislation. The authors’ special contribution to the study of this topic should be considered the specific measures proposed to improve the norms of these branches of law, which will eliminate the legal nonsense resulting from the application by the legislator of the unacceptable in law simultaneous regulation of relations between the head and the organization headed by him by absolutely non-identical norms of labour and civil law.