Property relations in the organization in the sphere of private law
Taking into account the provisions of private law, the authors deal with the questions of legal regulation of distribution of the manufactured product, legal mediation of the mechanisms of stimulation of a conscientious attitude of employees to work and property liability of the head of the organization for its debts. Commercial organizations are, as a rule, created to attain profits. Moreover, the question of structure and forms of distribution of income gained by the organization is urgent nowadays. The sphere of private law includes the following questions: the salary of employees, reward for the head and distribution of profits. Today the question of distribution of the income is more often examined along with the questions of distribution of liability risks for the results of activity of the organization. The article justifies the need to develop a theoretical basis for ensuring a complete legal regulation of public relations in the sphere of distribution of the product manufactured in the organization. It is necessary to include compensation for labor, reward for the head of organization and income gained by participants (shareholders) into the structure of the manufactured product. It is also necessary to define the mechanisms of risks of losses accounting and/or responsibility of the head and employees for it. The analysis of property relations in organizations is carried out taking into account the provisions of economic theory, national and foreign experiences in regulation of salary matters, introduction of the minimum rate of payment for labor. All these enabled the authors to justify the need for a complex consideration of all property relations in the organization. Standards of the Russian labor and civil legislation on the responsibility of the head of organization are under consideration. It has been noted that being deprived of both material legal and procedural guarantees provided for in labor legislation in a number of cases, the worker (head) is responsible for unduly performance of his or her duties according to civil legislation. The article concludes about gradual blurring of lines between labor and civil law, at least, regarding legal regulation of work of the head of organization and the need for a more accurate structuring of property relations in the organization within private law.
Keywords
частное право, ответственность руководителя, имущественные отношения, заработная плата, private law, responsibility of the head of organization, property relations, salaryAuthors
| Name | Organization | |
| Lebedev VladimirM. | Tomsk State University | prirodares@mail.ru | 
| Melnikova Valentina G. | Tomsk State University | walmel@mail.ru | 
References
      Property relations in the organization in the sphere of private law | Tomsk State University Journal of Law. 2017. № 26. DOI: 10.17223/22253513/26/12