Problems of Financial Responsibility the Head of the Organization Associated with the "Invasion" in its Sphere of Norms of Civil Legislation

In the article, the object of the study is labor and directly related relationships, one of the subjects of which is the head of the organization. The subject of the study is the problems of the legal regulation of his liability for causing damage to the organization led by him. At the same time, an analysis of the norms of labor legislation governing the material liability of the head of the organization is carried out, the need for which is caused by the legislator of the policy from the moment of the formation of a market economy in Russia aimed at regulating this liability by the norms of civil legislation leading to the destruction of the legal mechanism of the protection of labor rights and interests formed by labor legislation employees performing the labor duties of heads of organizations. The novelty of the work lies in the fact that the illegality of the introduction of the norms of citizenship legislation in the sphere of relations on the liability of the specified subject by mechanical transfer to labor legislation is argued by the specifics of its legal status, predetermined by Art. 273 of the Labor Code of the Russian Federation, which consists in the fact that the head of the organization is executing the powers of the employer and, at the same time, by virtue of the employment contract, is a hired employee, like all other workers, in connection with which he fully extends the validity of the norms on the material the responsibility of the employee enshrined in chapter 39 of the Labor Code of the Russian Federation. In addition, analysis of the category "loss" used in part 2 of Art. 277 of the Labor Code of the Russian Federation, it is so far that it, being not identical to the term “damage”, fixed in Art. 238 of the Labor Code of the Russian Federation, inherent in civil law relations, which excludes its use in relations on the liability of an employee who acts as a management of the organization. The author’s special contribution to the study of the legislative concept on the liability of the head of the organization is the revealed set of its significant shortcomings, the norms of which contain elements of civil liability, which contradicts the basic principles of labor law and subin Institute of material responsibility of employees, and therefore specific proposals are made for their improvement, which will ensure the compliance of these norms to these principles.