“Can a member of the board of directors in a joint-stock company be removed from office on the basis of article 114 of the criminal procedure code of the Russian Federation?” — article by Tatiana Tereshchenko in collaboration with Alexander Sergeev fo
Corporate conflicts in business societies are diverse and often involve criminal proceedings. This invariably raises contentious issues arising from different approaches to the regulation of private and public relations.
Taking into account that there are quite a lot of formal and legal ways that at one level or another can potentially block the management of society, it is practically important to exclude law enforcement based on substitution of concepts and errors of interpretation.
To illustrate the above, let us turn to article 114 of the Criminal procedure code of the Russian Federation, which provides for such measure of procedural coercion as temporary removal from office, and on the example of a joint-stock company, let us ask: is it possible to remove a member of the board of directors of a business company on the basis of article 114 of the code of criminal procedure? And does this measure (assuming the legality of its application) apply to the new election to the board of directors of the same person who was removed from office?
It seems that the answers depend on whether the Russian legislation classifies a member of the board of directors of a business company as an official. To do this, we first analyze the legal approach to the concept of "official", and then compare it with the legal status of a member of the board of directors.
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