DOI: 10.33917/es-4.162.2019.126-131

The clause considers The Business Judgment Rule with which help the management can legitimize the decisions, supposing thus honest mistake. The given rule gives wide discretion at accepting the decisions by organs of government (management, board of directors). Using the given mechanism, the company management can protect itself in court from charges from shareholders. The modern Business Judgment Rule makes certain demands concerning managerial decisions and their consequences. The author considers application of the Business Judgment Rule taking into account additional criteria in the Russian realities

The author exercises a legal analysis of a judicial authority decision in respect of the journal “Issues of Economics”. In particular, the analysis is based on the “rule of law” criterion and the limits of judicial discretion. The author concludes that the law enforcer, showing legal nihilism, has issued illegal judicial act. The court decision actually violates the principle of equality and coordination of the parties’ wills. In addition, the law enforcers has committed arbitrary interference in the economic activities of participants. The author hopes that the paper will help a federal legislator in respect of constituting the true status of the Russian Academy of Sciences as a legal entity of public law with the functions of public administration since the status of the RAS constitutes an element of scientific and technological sovereignty of the state and is a component of national security.