The implementation of the administrative and managerial functions of enterprise managers as a criterion for the legality of their activities
Authors: Gorban Eugene 
Published: March 2020

Statement of the problem: identification of patterns (algorithm) and criteria for evaluating the process of making managerial decisions in the activities of law enforcement agencies and the application of the corresponding algorithm in contractual relations to establish the integrity of counterparties.

Purpose: determination of methods and methods for evaluating the process of making managerial decisions in contractual relations as the main indicator of the performance of officials and, as a result, an indicator of the legitimacy of their official activities.

The article is to determine the methods and methods for assessing the implementation of the administrative and administrative functions of the enterprise management in contractual relations as the main indicator of the performance of officials and, as a result, an indicator of the legitimacy of their official activities.

The article concludes that the unlawful implementation of the administrative and administrative functions of the enterprise’s management during contractual activities may indicate a violation of applicable law and internal management acts - such as contracts with company managers, charters and the like. A characteristic feature of the actions committed by the head of the enterprise is their orientation against the interests of the legal entity headed by him and causing the corresponding material damage.

Organizations of all types and sizes are confronted with external and internal factors and influences that bring uncertainty to their goals. Risk management is iterative and helps organizations to define strategy, achieve goals and make informed decisions.

Risk management is part of the management system and an element of leadership and is fundamental to how an organization is managed at all levels. It helps to improve management systems. Risk management is part of all organization-related activities and involves stakeholder engagement. Risk management takes into account the external and internal context of the organization, including factors related to human behavior and culture. The indicated actions of the head of the enterprise may indicate the use of his authority in defiance of the legitimate rights and interests of the enterprise headed by him, predictably leads to the approximation of the state of this enterprise to a state of stable financial insolvency.

Sustainable financial insolvency of a business entity should be understood as its financial condition in which this entity is not able to fulfill its monetary obligations, including on the payment of wages, taxes, fees (mandatory payments) in the respective budgets.

The emphasis is placed on the fact that this is not a temporary disruption in the financial activities of a legal entity that results in late payments, but a situation that precludes the fulfillment by a legal entity of the requirements of creditors. Signs of a state of sustainable financial insolvency can be considered, in particular: stoppage of payments, lasts more than 3 months, if there are debt obligations, payment deadlines for which have arrived; the presence of a significant (more than 300 minimum wage) amounts of outstanding debt obligations, the payment dates for which came more than 3 months ago; the presence of a significant amount of outstanding debt recognized by a legal entity - debtor or confirmed by executive documents; the presence of an application to initiate bankruptcy proceedings of a given legal entity accepted for consideration by an economic court, and even more so, the existence of a determination of an economic court to institute bankruptcy proceedings of a given legal entity.