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13.05.2014  Verkhovna Rada of Ukraine adopted the Law "About amendments to certain Legislative Acts of Ukraine for protection of investors' rights" (№ 4586 ). For this law voted 247 deputies.

Reference: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=50443

 

This law provides with additional reason for termination of the employment contract by the owner or his authorized agent with certain categories of workers under certain conditions as "termination of the powers of executives of Company" (amendment to Article 41 of the Labour of Ukraine) without specifying the reasons for such termination of their powers . Simultaneously was proposed to establish the minimum size of the severance payment upon termination of the employment contract - the average wage for six months (amendment  to Article 44 of the Labour Code).    

Also rule was added about responsibility of officials (executives of Company):

-officials (executives of Company) for the damage caused by them will be held responsible “ONLY HOW prescribed by law " (before was -  “in  manner how prescribed by law and constituent documents of the company" (amendments to part 4 of Article 89 of the Commercial Code),

-added was article 130 of the Labour Code as follows:  "Responsibility for not receiving profit by the enterprise can be assigned ONLY  to the employees who are officials (executives of Company).

In the practical implementation of these changes might be the following problem: who is “officials of Company”?  A lot documents have such definition… For now we suppose that necessary to use definition of Commercial Code and for joint-stock company –  from law “About joint-stock companies”.

According to the Commercial Codeofficials of Company - Chairman and members of the executive board, the chairman of the audit commission,  in the case of the creation of the (supervisory board) - chairman and members of the supervisory board.

Officials of the joint-stock company according to the law about joint-stock companies: Chairman and members of the supervisory board, executive board, audit committee, the auditor of the company, and the chairman and members of the other body of the company, if the formation of such a body provided by the charter company.

For example others definition:

According to definition of Antimonopoly committee: its director, deputy head of the company, chief accountant; Chairman, chairman of the Audit Committee.